Portugal: Second Review Under the Extended Arrangement
The following documents have been released and are included in this package:



The staff report, prepared by a staff team of the IMF, following discussions that
ended on November 19, 2011 with Portuguese officials on economic developments
and policies. Based on information available at the time of these discussions, the
staff report was completed on December 7, 2011, and discussed by the IMF
Executive Board on December 19, 2011. The views expressed in the staff report are
those of the staff team and do not necessarily reflect the views of the Executive
Board of the IMF.

A Press Release summarizing the views of the Executive Board as expressed during
its December 19, 2011 discussion of the Staff Report*



A statement of the Executive Director for Portugal

* These documents will also be released separately and are also included in this report.
The policy of publication of staff reports and other documents allows for the deletion of
market-sensitive information.
Copies of this report are available to the public from
International Monetary Fund ● Publication Services
700 19th Street, N.W. ● Washington, D.C. 20431
Telephone: (202) 623-7430 ● Telefax: (202) 623-7201
E-mail: publications@imf.org ● Internet: http://www.imf.org

International Monetary Fund
Washington, D.C.

INTERNATIONAL MONETARY FUND
PORTUGAL
Second Review Under the Extended Arrangement
Prepared by the European Department in Consultation with Other Departments
Approved by Reza Moghadam and Martin Mühleisen
December 7, 2011
Executive Summary
Program status. On May 20, the IMF approved a SDR 23.742 billion (€26 billion) three-year
arrangement under the Extended Fund Facility (EFF) for Portugal as part of a joint financing
package with the European Union, worth €78 billion. The first and second purchases (total of
SDR 9.078 billion) under the heavily frontloaded arrangement were made on May 24 and
September 14, respectively. The third purchase, available upon completion of the second
review, amounts to SDR 2.425 billion (about €2.8 billion). All quantitative performance
criteria and all structural benchmarks for the second review were met, but the indicative target
on non-accumulation of domestic arrears was breached.
Recent developments and outlook. While the contraction in 2011 will be somewhat milder
than projected earlier, growth has been revised down to -3 percent in 2012, reflecting higher
fiscal adjustment and a weaker external environment. The 2011 fiscal target will likely be met
through the one-off partial transfer of banks’ pension funds, implying a smaller underlying
adjustment. Funding and credit conditions have tightened and additional bank recapitalization
needs will likely require recourse to the bank solvency support facility.
Program discussions and recommendations. The 2012 budget contains bold and concrete
measures, including significant wage cuts. Assuming stringent commitment control, it will
reverse the 2011 slippages. In the financial sector, close monitoring of bank’s deleveraging
plans remains essential to prevent an excessive contraction in private credit. Any public
recapitalization of banks needs to ensure that banks continue to be managed on a commercial
basis. On the structural side progress in reforming the labor market and opening up the
nontradable sector is off to a good start, but more effort is needed to improve competitiveness
in the absence of the previously agreed fiscal devaluation.
Risks. While progress against program targets has been good and there is strong commitment
to the program, headwinds are increasing, and perseverance is essential. The budget targets are
ambitious, putting a premium on strong program implementation; making serious headway in
improving prospects for growth requires concerted efforts to get past vested interest; and the
global market turmoil can potentially further weaken growth, funding conditions, and bank
credit. Overcoming these challenges require continued strong domestic political commitment
and euro-area wide efforts to address the broader sovereign debt crisis.
Mission. Discussions took place during November 7–18 with the Minister of Finance,
Governor of the Bank of Portugal (BdP), and other Cabinet Ministers; staff in the BdP,
ministries and government agencies, and banks. The staff team comprised P. Thomsen (head),
H. Samiei, P. Kunzel, S. Roudet, I. Vladkova Hollar (all EUR), S. Nardin (EXR),
A. Lemgruber (FAD), Y. Liu and D. Chew (LEG), A. Piris (SPR), and O. Frecaut and
C. Verkoren (MCM), and A. Jaeger and M. Souto (Res.Reps). Mr. Cardoso (OED) also
participated in most of the meetings.

3
I. BACKGROUND
1.
Portugal’s program has remained broadly on track, but rising stress in Europe
is a serious risk.


End-September performance criteria (on the fiscal deficit, general government debt,
and external arrears) and structural benchmarks for the second review were all met,
although the indicative target on non-accumulation of domestic arrears was breached.
While expenditure slippages have opened up a large fiscal gap in 2011 and the endyear fiscal target is likely to be met only with the help of partial bank pension
transfers, the projected structural adjustment in the fiscal balance in 2011, at around
3½ percent of GDP, is still significant.



The 2012 outlook for Europe has deteriorated substantially, with growth revised
down by 1¼ percentage points relative to spring forecasts. Substantially higher
capital requirements across Europe, coupled with cuts in exposure to the periphery,
are placing further pressure on banks and the flow of credit. Further negative
spillovers could significantly complicate domestic policy making.
II. RECENT DEVELOPMENTS

2.
Economic adjustment has continued, but the contraction in output has been
milder than expected.
10

Real GDP, Expenditure - Contribution to Growth (yoy percent change)





Output developments have been
dominated by the large decline in
domestic demand, which subtracted
almost 6 percentage points from year-onyear growth in the second quarter.
However, delayed fiscal adjustment,
continued strong growth in exports (8.5
percent in real terms in the first half of
2011) and a fall in imports buffered the
impact on overall activity, and the Q3
flash estimate for GDP once again
surprised on the upside. Staff’s revised
growth forecast for 2011, at
-1.6 percent, is now 0.6 percentage points
above projections at the time of the
program request.
Unemployment rose to 12.4 percent in
Q3, from 12.1 in Q2, with youth
unemployment rising from 27 percent to
30 percent. The share of long-term
unemployed stands at 44 percent.

Competitiveness indicators have stabilized but no significant improvement is yet
apparent. Collective wage agreements concluded through mid-year have shown
moderation in the growth of private sector nominal wages (about 1.3 percent).
However, with a decline in per-worker productivity, ULCs relative to average
European levels have not improved materially.



External adjustment reflects largely diverging developments in domestic versus
external demand. While the forecast current account deficit for 2011 remains high at
8.4 percent of GDP, it has fallen by 4.2 percentage points since the peak in 2008,
including a projected fall of 1.6 points this year.

3.
The end-September performance criterion on the general government cash
deficit was met, but the overall fiscal position has deteriorated.


The additional revenue measures taken during the summer will be insufficient to
cover the fiscal slippages caused by a lack of expenditure control and shortfalls in
sales of real estate and concessions and in non-tax revenue. This leaves a projected
gap of about 1.6 percent of GDP on an accrual basis in 2011.1



The national statistics institute (INE) has revised public accounts for 2008–10 to
reflect mainly unrecorded liabilities of the Madeira region. This led to an upward
revision of the 2010 general government deficit by 0.7 percent of GDP, to 9.8 percent
of GDP, and debt by 0.4 percent of GDP.



Domestic arrears have continued to increase (by about €170 million during
September), in violation of the end-September indicative target on non-accumulation
of domestic arrears. The stock of arrears was also revised up to about 3.2 percent of
GDP, reflecting backward adjustments to the stock of arrears in hospitals.

4.
The authorities intend to meet the
2011 deficit target of 5.9 percent of GDP
through the partial transfer of banks'
pension funds to the State social security
system. Under pressure to meet the target,
they are now planning to take further
advantage of the planned transfer to close
the gap on an exceptional basis—beyond
the small amount proposed at the

2011 -- General Government Fiscal Projections
(Percent of GDP) 1/
Program

Slippages before measures compared to the program (2.2 percent of GDP) reflect a lack of control over both
current (0.7 percent of GDP) and capital (0.6 percent of GDP) expenditure, particularly in SOEs and Madeira,
and shortfalls in sales of real estate and concessions (0.4 percent of GDP) and other non-tax revenue (0.5
percent of GDP). This is only partially offset by additional revenue measures (0.6 percent of GDP) taken during
the summer.

5
time of the first review.2 The assets transferred in this context will be recognized as revenue
(see Box 1)—even though the transfer will not improve the underlying fiscal balance—but
will weaken bank capital.
Box 1. Transfer of Banks’ Pension Schemes
The government is seeking to negotiate a voluntary agreement with banks to further advance the
gradual transfer of their pension schemes to the social security system. Under this gradual transfer,
all new employees were already transferred to the social security in 2009. While so far the process has
not entailed the transfer of assets, the government now intends to transfer all assets and liabilities
relating to already-retired bank employees.
The authorities’ main objective is to cover the identified fiscal gap and meet the fiscal deficit target
of 5.9 percent of GDP. The government recognizes that this is not an appropriate fiscal measure and
that it will not improve the underlying fiscal situation. However, under ESA95 and GFSM 2001
accounting rules the assets transferred in this context will be recognized as revenue without taking
account of the additional long-term pension liabilities, and therefore will technically reduce the deficit.
The authorities have also underlined that the transfer would, under current tight financial conditions,
help liquidity in the system (to the extent that it would entail sales of foreign assets) and could also be
used to settle arrears—but only after sufficient safeguards are in place to prevent further arrears
accumulation.
However, the transfer will have an impact on the banks’ P&L and capital position. First, the
transfer will force banks to recognize as immediate losses a portion of deferred charges currently booked
as assets. To maintain the actuarial balance between assets (affected by deteriorating market conditions)
and liabilities in their pension funds, banks have had to provide them in the last few years with growing
injections of resources, booked as assets amortizable over time. These will become immediate and final
losses when the funds are transferred. Second, deterioration in asset prices will also require sizeable
additional injections of resources into the pension funds. Finally, changes in the actuarial assumptions
used by the banks to measure the funds’ liabilities, which the government believes are too favorable to
banks, would increase significantly the present value of the liabilities and the size of the additional
needs. The authorities have been seeking the help of outside experts to provide guidance on the most
appropriate set of actuarial assumptions. Based on a report prepared by the authorities, the envisaged
partial transfer currently contemplated could entail capital needs in the order of €0.7 billion to
€2.5 billion (depending on the assumptions used for the transfer) for the four largest private banks
(accounting for about 65 percent of the banking system’s assets).
The authorities are ensuring that, as a precondition for the transfer, the interest of all stakeholders
will be protected (MEFP ¶20). The taxpayer will be protected by ensuring that the pension liabilities
and corresponding assets are taken over at a fair value, also respecting EU competition and state aid law.
Banks will be encouraged to raise additional capital resulting from this transfer from private sources, as
in other upcoming recapitalization efforts (including EBA related). However, should this prove difficult,
the government would also offer to help banks cover the loss and the impact on capital by using part of
the transfer itself and acquire common equity in banks, thus preventing the use of funding under the
program for this purpose

2

The attached TMU precludes the use of pension fund transfers to meet program fiscal targets in 2012 and
beyond.

6
5.
Fiscal structural reforms are generally advancing well. The authorities have made
significant progress in revenue administration reform and public administration restructuring.
Other areas, mainly public financial management and SOE reform, have faced some early
delays that are currently being addressed.


Revenue Administration. The merger of the tax, customs, and information technology
services, a key measure under the program, is on track. The authorities have also
taken steps to reduce the adverse incentives built into the current tax appeal process.
Another important step is the recently approved law on property revaluation for tax
purposes.



Public Financial Management. The two end-August structural benchmarks—
undertaking a survey of arrears and publishing the Medium-Term Fiscal Strategy—
were met. Data on domestic arrears are now published on a monthly basis. However,
there have been delays in adjusting systems and procedures to comply with the new
instructions on commitment controls—a priority measure to stop the accumulation of
arrears.



Other Reforms. The recently-published guidelines for reforming local governments,
involving a reduction in the number of parishes by about 35 percent, address deepseated problems—such as the proliferation of off-budget local entities and a poor
administrative framework. The authorities have completed a study of PPPs that will
be complemented by an assessment of all PPP contracts by an international
accounting firm.

6.
New bank capital requirements are significantly higher than those previously
envisaged under the program. Banks’ Core Tier 1 ratio improved from 8.1 percent in
December 2010 to 8.6 percent in June and the main banks are all expected to be able to reach
the 9 percent target by end-2011 through market-based means. However, new capital needs
have emerged, reflecting mainly the EBA capital exercise announced on October 26,
requiring the creation of an additional buffer for sovereign exposures and the implementation
of a stricter definition of capital. The preliminary assessment of the incremental impact on
the four largest Portuguese banks capital requirement is in the order of €5 billion, to be met
by end-June 2012. Moreover, the transfer of banks’ pension plans (Box 1) and the
conclusions of the special inspection program (SIP) will generate additional capital needs. 3
Declining asset quality and profitability is providing an additional challenge to meeting the
higher capital needs, with the banking system expected to have registered a net loss in
2011Q3.
3

The results of the SIP have not been finalized yet but the program has brought to light the need for some
additional provisions that will increase banks’ capital needs.

7
7.
Market funding conditions have also become more difficult. Bank funding is
essentially limited to the short—primarily secured—market, but reliance on ECB financing
(€47 billion as of end-September) has not increased materially in recent months, reflecting a
reduction in banks’ foreign activities and an increase in deposits. However, strained funding
conditions and reduced collateral value have led some banks to issue some €5 billion of
government guaranteed bonds (GGBBs) that can potentially be used as collateral for ECB
financing.4
8.
Bank deleveraging is proceeding as expected, and while private sector credit is
tightening, there is no evidence of a severe contraction. Foreign deleveraging and resilient
deposits have facilitated a reduction in banks’ loan to deposit ratio from 167 percent to
149 percent in the 12 months up to June 2011. Credit to both firms and households has so far
fallen moderately (by 0.7 percent and 0.8 percent quarter-on-quarter, respectively, as of
September). Still, recent credit trends, rising interest rates, and high financing needs of the
SOE sector suggest that credit for productive sectors could become constrained.5

BdP is working on developing data on new lending to the economy to help identify the extent to which evergreening of existing loans may be taking place. Other detailed high frequency indicators produced by the BdP
suggest that lending to micro and small enterprises has turned negative, and the authorities have taken measures
to help support such firms. For example, companies under the PME invest guarantee program could apply for a
one-year moratorium on debt principal.

8
9.
Measures to facilitate domestic debt restructuring are being undertaken as
programmed. Amendments to the corporate insolvency law are being finalized to support
the early restructuring of viable firms. The out-of-court restructuring framework for firms
and individuals is also being strengthened, including through issuance of voluntary
guidelines and proposed legislation allowing the tax administration to use a wider range of
restructuring tools. A quarterly monitoring report on the financial situation of households and
companies has been developed, and a cross-governmental task force created to develop
policy responses.
10.
While market sentiment continues to deteriorate, largely driven by euro area
stress, domestic short-term financing remains available to the government. Sovereign
debt spreads have remained high, and Fitch recently downgraded Portugal’s sovereign rating
from BBB- to BB+.6 The Treasury bill market has remained open, and the outstanding stock
has declined by less than expected. The
latter largely reflects the need for the
government to roll over SOE debt
through T-bills issue, given the banks’
reluctance to roll over some of this debt
directly. However, yields have remained
stable—at 5 percent for three-month
paper—but maturities have steadily
shortened, with about €11 billion, or
three quarters of the total stock, rolling
over every three months.
2-year spreads against German Bund
(basis points)

1/ The original program assumed zero issuance in May and June,
as no bills were amortizing.

6

5/3/11

Stock of T-bills outstanding by
maturity in months

2.5

Actual amount placed
2.0

4/3/11

0
Dec-10

0
Mar-11

Jun-11

Sep-11

While Moody’s downgraded Portugal to Ba2 in July, S&P and DBRS still maintain investment grade ratings
for Portugal.

9
11.
The structural reform program is on track, with the exception of fiscal
devaluation. Efforts since the new government took office in July have produced important
changes in the competition and regulatory framework, and concrete reforms in the
telecommunications sector (Box 2). The authorities’ new commitments, particularly on labor
market reform, take the agenda further and deeper, although more is needed, particularly in
the critical energy sector (see Section IV). Finally, the authorities are pushing forward with
measures to improve efficiency of the judicial process. However, the fiscal devaluation
discussed during the first review will not be implemented, as the authorities consider the
strategy of lowering social security contributions too risky in the context of the ongoing
fiscal consolidation.
III. OUTLOOK
12.
The economic contraction is set to deepen in 2012. This reflects delayed fiscal
adjustment from 2011 and a larger decline in private consumption than projected earlier—the
latter reflecting the public sector wage cuts and large increases in consumption taxes—amidst
a significant slowdown in external demand. Tight financing conditions for households will
likely weigh on their ability to smooth the decline in disposable income. Overall, activity is
expected to contract by 3 percent, 1.2 percentage points more than projected at the time of
the program, with risks skewed to the downside. A cyclical recovery is expected to take hold
only in the first quarter of 2013, picking up pace through 2015.
13.
Significant external adjustment is expected over the medium term. While
adjustment in 2011 has been sharper than originally forecast due to strong external demand,
weaker prospects next year leave the medium-term profile similar to that under the original
program. A substantial improvement in the trade balance will result from relative demand
differentials—as partner countries are expected to recover in 2013, while imports by Portugal
will be constrained by weak domestic demand and tighter external financing conditions than
prevailed before the crisis. Structural reforms encouraging wage moderation, reducing costs
of key inputs such as energy prices, and fostering more competition are expected to increase
competitiveness only in the long run and beyond the program horizon. In 2012, VAT
increases will put some upward pressure on prices. Reductions in external debt are expected
to be offset by the higher costs of new debt, with external interest payments rising
substantially from previous levels through to 2015. The international investment position
(highly negative at 115 percent of GDP) is expected worsen before improving slowly from
2014.

10
Box 2. Progress with Structural Reform
Restoring competitiveness will require improvements in productivity accompanied by
an internal devaluation. As productivity gains will materialize only gradually, the
program will continue to focus on measures to lower input costs, increase the
competitiveness of domestic production, and allow for a reduction in non-tradable
prices. So far, changes in the following three areas—competition framework,
telecommunications, and labor markets—merit highlighting.
The competition framework is being substantially strengthened. Increasing
competition in the economy will promote efficiency and innovation, and lower markups in non-tradable sectors in particular. The revised Competition Law, currently in
public consultation, has been harmonized with EU law and strengthens the powers of
the Competition Authority (PCA) to open investigations related to anti-trust and
merger control, improves its ability to produce evidence essential to successfully
prosecute competition cases, and strengthens the enforcement regime by separating
criminal from administrative procedures. In addition, a new specialized Court on
Competition, Regulation, and Supervision was established at end-June, and expected to
be functional in early 2012.
The telecommunications sector is undergoing numerous ambitious structural reforms.


The measure with the greatest potential impact in the sector has been the
publication of new auction rules for a 4G auction, which will offer almost all
available radio spectrum used for mobile telecommunication and thus has the
potential to affect this market for the next decades. The auction rules have been
carefully designed to ensure as competitive an outcome as possible as well as
encourage new entrants, particularly with respect to ensuring fair and reasonable
access to national mobile networks.



The authorities have also tackled very high mobile termination rates that have
also put small operators at a disadvantage. Two reductions already in 2011 are to
be followed by an aggressive cut of around 60 percent. These actions will bring
mobile termination rates to levels only slightly higher than France and the U.K.
by end-2012.



In the fixed telecommunications market, recommendations by the Competition
Authority aiming at increasing transparency have been adopted, including the
dissemination of tools to compare pricing and other service characteristics.



Finally, to ensure effective regulation in the sector, the authorities have gone
beyond the minimum commitments under the EU directive in amending national
regulatory legislation in this sector.

Costs to firms of dismissing workers (among the highest in the OECD) have
been reduced substantially. As of November 1st, severance pay for all new
contracts has been reduced to 20 days pay per year of service, with a cap of
12 months and elimination of a three-month minimum. This is already a
substantial reduction from the current, uncapped, rate of accumulation (text
figure). Commitments to extend this reduction to existing contracts and a further
reduction to 8–12 days would over time bring dismissal costs per worker in line
with the European average.
35,000
30,000

Severance pay costs, based on
average wages, for new contracts
(in euros)

25,000

35,000
30,000

Severance pay costs, based on
average wages, for existing
contracts 1/ (in euros)

25,000
Previous Legislation

Previous Legislation
20,000

Current Legislation

20,000

Current Legislation
Committed Changes

Committed Changes
15,000

15,000

10,000

10,000

5,000

5,000

0

0
1 year

5 yrs

10 yrs

20 yrs

1 year

5 yrs

10 yrs

20 yrs

Source: Fund staff calculations. Simulations use as a starting point average compensation per employee in 2010, from National Accounts data.
1/Based on assumptions of a workforce with average tenure of 5 years.



1

Reform of wage setting mechanisms will reduce pressures from legally binding
nominal wage floors. Nominal wage rigidity is driven by two floors: the national
minimum wage, which increased sharply between 2007 and 2010, and collective
bargaining agreements which have been automatically extended to whole sectors
despite limited representativeness of the bargaining units.1 The recent increase in
the number of firms reporting wage freezes suggests that downward nominal
wage rigidity is increasingly binding. The share of workers earning the minimum
wage has also increased sharply since 2008, to about 13 percent of the total, but
about 26 percent of new hires. The authorities’ new commitment not to grant
automatic extension of collective agreements in 2012 should reduce wage
pressures inconsistent with the economic situation of firms not represented in the
bargaining process. In addition, no increases in the minimum wage are foreseen
in 2012.

Only about 18 percent of firms report participating directly in negotiations.

12
IV. POLICY DISCUSSIONS
14.
Discussions focused on policies to ensure durable fiscal adjustment, avoid
disruptive deleveraging, and restore competitiveness. The authorities recognized the
weakness in spending control in 2011, but argued that the strong 2012 budget and the payoff
from fiscal structural reforms measures would help catch up and lend credibility to the
consolidation process. Discussions on the financial sector focused on policies to address
external shocks—particularly new capital requirements in the context of the EBA capital
exercise—which have made key program objectives more difficult to achieve. While the
structural reform agenda is proceeding well along a number of dimensions, the authorities
and staff agreed that additional efforts are needed to remove constraints to export-driven
growth. The authorities’ decision not to undertake the planned fiscal devaluation has
heightened the need for such additional measures. Against this background, the authorities
indicated that they would review the scope of the current reform agenda, to ensure that it is
sufficiently ambitious.
A. Fiscal Policy
15.
The 2012 budget is set to bring the fiscal program back on track. In spite of the
2011 slippages, the authorities have retained their 4.5 percent of GDP deficit objective, thus
broadly maintaining the targeted cumulative structural adjustment of 7½ percent of GDP
over two years. To achieve this, the
General Government Accounts -- 2010-12
(Percent of GDP) 1/
budget adopted in November includes
2012
2012
discretionary measures that cover the gap
passive
2011
budget
2010
already identified at the time of the
Total revenue
41.6
43.5
41.2
42.5
Current receipts
38.9
40.2
39.9
41.1
program request (now estimated at
Capital revenue
2.7
3.2
1.4
1.4
3.8 percent of GDP), the carry-over of
Total expenditure
51.3
49.3
51.9
47.0
the 2011 slippages (some 1.3 percent of
Primary current expenditure
42.7
40.9
43.2
38.9
Interest payments (EDP)
3.0
4.2
5.0
5.0
GDP), as well as the implications of
Capital expenditure
5.6
4.1
3.6
3.1
changes to the macro-framework (1
Overall balance (EDP)
-9.8
-5.9
-10.6
-4.5
percent of GDP). While the 2012 budget
Memorandum
-10.3
-6.9
…
-2.7
does not include specific plans to settle the Structural balance
Structural primary balance
-7.3
-2.7
…
2.3
existing stock of arrears, the authorities
1/ ESA 95 presentation.
are committed to do this over time and
after validation, depending on the availability of financing. A plan in this regard will be
finalized by end-December 2011.
16.
New measures are focused on expenditure reduction. In a context of already high
tax burden, the budget attempts to address the unsustainably high expenditure levels. As a
result, about two-thirds of the measures are on the expenditure side (see Box 3), with the bulk
aiming at reducing primary current spending. Structural fiscal reforms will reduce the risks of
slippages; however, implementation risks remain and there is little scope in the budget to
offset such risks without new measures. Revenue measures consist mainly in a broadening of

13
the tax base, particularly for indirect taxes. Key fiscal measures, particularly nominal cuts in
public wages and pensions, increases in indirect taxes, and work time increase should also
help improve competitiveness over time.
Box 3. 2012 Budget—Key Measures
To underpin the consolidation effort, the 2012 budget includes over 6 percent of GDP of tax and
expenditure measures compared to a no-policy change scenario. Measures are carefully balanced
between expenditure (about two-thirds) and revenue measures, in order to minimize the negative impact
of the fiscal consolidation on growth.


Tax policy measures largely aim at broadening the tax base, which would support a more
efficient tax system and facilitate tax administration. The VAT tax base levied at the standard
rate will be enlarged from 60 to 80 percent of the total base. This will generate savings of about
1.2 percent of GDP. PIT and CIT tax expenditures will also be reduced significantly, leading to
revenue gains of about 0.5 percent of GDP.



Expenditure cuts cover both current and capital outlays and a large number of sectors.
The largest yielding measure is the 2-year suspension of the 13th and 14th monthly wages and
pensions (equivalent to a 12-percent average cut). Other spending cuts are underpinned by a
continued reduction in the number of public employees, higher user fees in the health sector,
restructuring of State-owned enterprises, including hospitals, and promotion of efficiency gains
in education. Some savings in social benefits are to be achieved through reinforcement of the
means testing condition and other eligibility rules.

In view of the unavoidable contractionary impact of these measures, the budget also includes,
where possible, equity considerations with a view to protecting the most vulnerable. In particular,
the wage and pension cuts are to be implemented in a progressive way—only those employees and
pensioners who earn above €1,100 per month will be affected by the full 2-month cuts. Increases in PIT
and CIT rates are proposed only for higher incomes (highest PIT bracket) and large firms (annual profits
over €1.5 million).

B. Structural Fiscal Reform
17.
Implementing fiscal consolidation and halting the flow of arrears hinges on
public financial management reform, especially to strengthen expenditure controls and
fiscal transparency. As envisaged in the program, the 2012 budget is grounded in a more
integrated strategy, which explicitly recognizes the contribution of off-budget spending
through SOEs and PPPs to current fiscal pressures. A critical reform continues to be the
strengthening of the commitment control system, which is being supported by IMF TA. As a
key step towards this objective, the authorities will modify the legal framework on public
accounting (MEFP ¶6) in order to: (i) prevent commitments to be entered in the system in the
absence of available funds; and (ii) disallow the payment of expenditures outside the
commitment control system. Reforms to local and regional finance laws (see below) will
constrain scope to accumulate arrears at lower levels of government. While budgetary
allocations for the health sector are tight to ensure compliance with cost-cutting objectives
(MEFP ¶12), the authorities are committed to ensuring adequate allocations to the sector, and

14
financing is available to avoid new accumulation of arrears within program fiscal targets
(MEFP ¶4).
18.
Efforts to strengthen tax compliance are also underway. FAD is supporting the
tax administration’s efforts to improve compliance through the establishment of a large
taxpayers unit, focusing on high-risk industries and high-net wealth individuals. In this
context, the recently published Strategic Plan to Combat Tax and Customs Fraud, which
includes an anti-money laundering framework, is a welcome measure. However, in order to
create a robust pro-compliance system, staff stressed the need to speed up key measures to
enhance the dispute resolution process (in particular at the judicial level) and to implement
the information exchange system between tax tribunals and the tax administration.
19.
Revising the local and regional fiscal frameworks is critical to restoring fiscal
discipline, limit risks, and increase transparency.


The current design is leading to various problems at the regional and local
government levels, including overoptimistic revenue forecasts, pro-cyclical spending,
accumulation of arrears, and an unsustainable increase in indebtedness. In order to
address these weaknesses, the program envisaged the revision of the local and
regional finance laws by end-December. However, the authorities need more time and
technical assistance to finalize this work. Submitting a new regional finance draft law
to Parliament has been set as a structural benchmark for end-March while the
submission of the new local finance draft law was postponed to end-June 2012.



Measures to deal with Madeira’s acute financial distress (total debt of €6.3 billion and
estimated financing needs of €3.5 billion over the next four years) have been included
in the program. Weak PFM systems and procedures are an important concern, as
illustrated by the misreporting of €1.2 billion of liabilities under Portugal’s Excessive
Deficit Procedure. The authorities are seeking to negotiate an arrangement with the
Madeira government, including financial support linked to conditionality on fiscal
performance and structural reform.

20.
The authorities have prepared a strategy for the SOE sector to carry out
restructuring, enhance efficiency, and restore financial sustainability. With an operating
deficit of 0.5 percent of GDP in 2010 and total liabilities of over 30 percent of GDP, this
sector is significantly impacting the country’s public finances.7 Moreover, the cost reduction
measures have had mixed results so far. SOE debt is now expected to rise by 8.5 percent in
2012 (above the targeted 5 percent), due to deficits, severance payments (including for

7

The sector comprises 98 companies that are concentrated in the financial, transport, and health sectors. The
sector represents 4.5 percent of GDP and 3.5 percent of total employment.

Restore operational balance to most SOEs by end-2012, through downsizing,
reduction of fringe benefits, cuts in operational costs, and investment restrictions.



Assist SOEs in covering their financing needs from private sources, providing direct
Treasury finance only if market borrowing is unattainable. To avoid defaults, direct
Treasury financing has been provided to the most troubled firms, where domestic or
foreign banks have been unwilling to roll over their exposures.



Complement the current strategy by a detailed assessment of SOEs’ financial
prospects, potential government exposure, and scope for privatization (end-February
structural benchmark). Proposals for dealing definitively with the debt overhang of
those firms consolidating in government will be developed as operational
restructuring progresses.
C. Financial Sector Policies

21.
The authorities are developing a fundamentally new strategy to address the
additional pressures on bank capital.




The higher capital requirements from the EBA exercise will likely force banks to
draw on the Bank Solvency Support Facility (BSSF). As the exact capital impact
on banks is still being finalized, and further capital increases before the end of the
year are not feasible, staff and the BdP agreed that these requirements should only be
met by end-June 2012. Banks will provide their revised capital plans ahead of the
third review, taking into account the potential utilization of the BSSF. In anticipation
of possible public support, funding for the BSSF will be brought forward (see
paragraph 26), with €3 billion and €2 billion invested in the fund upon completion of
the second and third reviews respectively to reach a total of €6 billion by the first
quarter of 2012. The total amount disbursed to the BSSF under the program will
remain unchanged at €12 billion.
The aim of policies is to ensure continued financial stability while avoiding
irreversible public support to the banking sector. The new legislation seeks to
protect the interests of the taxpayer through strict conditionality, while preserving
private management of otherwise sound banks by limiting voting rights of shares
acquired by the Portuguese state. Provisions on the repurchases of shares issued to the
state will ensure that injections of public capital remain reversible. The authorities
will finalize the legal framework for capital augmentation by end-January 2012
(MEFP ¶22), allowing for proper consultation of all interested parties and
incorporation of the whole range of instruments deemed acceptable by EBA.

16


CGD should aim to meet it capital needs through internal means. While the stateowned financial group is expected to be able to reach the end-year Core Tier 1 target
of 9 percent through additional restructuring efforts, its capital needs going forward,
including the impact of the EBA exercise will be examined during the third review. If
it is unable to meet the new requirements, CGD will be provided with government
capital support outside of the BSSF. Staff also emphasized that the insurance arm of
the group be sold directly to a new private owner rather than being taken over by a
government entity as a bridging arrangement, to ensure full transparency regarding its
real economic value.

22.
Exceptional liquidity support from the Euro system remains essential. While
banks still have collateral buffers at their disposal (€17 billion at end-September), the more
difficult market environment is putting additional pressure on their liquidity position. This
may require banks to resort to additional issuance of government guaranteed bank bonds for
ECB refinancing operations (subject to approval by the Governing Council) to cover their net
market refinancing needs over the next six months (€32 billion).
23.
The BdP is closely monitoring bank deleveraging to ensure that the needed
improvement in funding imbalances does not lead to excessive contraction in credit.
Under the deleveraging plans, banks seek to progressively reduce their loan to deposit ratio
and excessive reliance on ECB funding, while increasing capital and maintaining adequate
credit to the private sector. Although credit projections under banks’ current plans are
broadly in line with medium-term growth assumptions, risks have emerged, including:
(i) pressure on bank capital as a result of the afore-mentioned additional needs; (ii) reduced
external financing to the economy, in particular to SOEs, which could put additional pressure
on domestic banks and risk crowding out the private sector; and (iii) the possibility of a more
pronounced contraction in economic activity as deleveraging and fiscal adjustment coincide.
The BdP will ask banks to continue to revise their deleveraging plans on a quarterly basis,
and staff will continue to closely monitor high frequency credit and funding indicators to
identify possible pressure points that could place an orderly deleveraging at risk.
24.
Staff urged a quick and final decision on BPN. The resolution of the failed bank,
for which the authorities found a buyer in July, has been delayed by the decision of the
competition directorate of the EU in October to examine the proposed transaction and assess
whether it meets the test of least costliness for the taxpayer. In its review, the competition
directorate will also take into consideration the impact on the economy, including on
financial stability.
25.
The legal framework for early intervention and bank resolution is being
strengthened. Amendments to laws governing the early intervention, resolution, deposit
insurance and resolution fund frameworks are being finalized (albeit the end-November 2011
structural benchmark is likely to be met only by year end), while enabling legislation in these

17
areas has already been passed by Parliament. Staff emphasized the importance of a complete
resolution toolkit comprising of mandatory recapitalization without shareholder pre-emptive
rights and mandatory transfers of shares. The authorities recognized the importance of such
tools and will apply them as soon as the EU directive on bank resolution is adopted.
D. Structural Reform
26.
Pervasive structural rigidities interact and create costly distortions, requiring
continued strong reform on all fronts. In broad strokes, the program sets out to address key
structural constraints: barriers to market entry, wasteful rent seeking, rigidities in labor
markets which reduce incentives to work and prevent an efficient allocation of resources, and
a very slow judicial process, which brings operational uncertainty and raises the cost of
transactions. Measures to address these problems are largely being implemented as planned.
However, the decision not to implement a fiscal devaluation opens up a considerable gap in
the structural reform agenda under the program. In particular, additional measures are needed
to ensure a relative price adjustment, through more determined efforts to put downward
pressure on non-tradable prices, both through a moderation in the cost of labor and through a
reduction in the profit margin in largely uncontested industries. Discussions focused on the
following main issues that must be tackled in the near term:


Labor markets. Staff argued that improving firms’ ability to respond appropriately
to changing demand conditions is particularly important in the context of the sharp
cyclical slowdown, and that reforms to the automatic extension mechanism for
collective wage agreements envisaged for 2013 may be too late. The authorities
committed not to grant these automatic extensions during 2012 (MEFP ¶32), while
the extension mechanism is re-designed. The government’s consultation with social
partners on revisions to overtime pay, temporary adjustments to working time,
unemployment insurance, criteria for fair individual dismissal, and further changes to
wage setting mechanisms is proceeding well.



Competition and lowering excess rents. While further changes to the regulatory and
competition framework are planned (MEFP ¶34), staff argued that addressing
excessive profits/rents in the electricity sector would be critical to reducing prices.
The authorities noted that their current strategy—inviting the main players to the
negotiating table in an attempt to re-negotiate legacy contracts—has not yielded
results. The authorities committed to prepare specific proposals for further action in
this area, which will be discussed with staff at the time of the next review (MEFP
¶35) and may involve new conditionality.



Judicial system. Reforms to improve the efficiency of the judicial system continue to
focus on five key areas: implementing targeted measures to expedite resolution of
backlog cases, establishing a cost-effective and swift enforcement regime, modifying
the Code of Civil Procedure to streamline court procedures, developing plans to

18
reduce the number of court districts and close underutilized courts, and strengthening
the arbitration and mediation framework to support out of court settlements.
Extensive consultation is underway in these areas. In addition, court budget reforms
aim to put judiciary finances on a more sustainable footing, including through the
standardization of court fees.
ď&#x201A;ˇ

Housing market. The authorities have identified measures and a timetable for rent
liberalization and the creation of an out-of-court eviction mechanism. Some aspects
of the proposed mechanism to liberalize rents appear cumbersome, with several
regimes and phasing out periods, and staff suggested these be further streamlined.
Staff also saw scope for progressively shortening the period of rental contracts for
high income tenants, from the current proposal of three years, to help foster a more
efficient rental market. The authorities are now finalizing draft legislation, which will
be submitted to Parliament by year-end.

ď&#x201A;ˇ

Expanding the reform agenda. The authorities suggested a process of broader
consultation, likely in the form of seminars and workshops on constraints to growth
and measures to compensate for the decision not to implement a fiscal devaluation.
This process should result in an action plan to be discussed at the time of the third
review, and incorporated into the strategy under the program.
V. PROGRAM FINANCING, NEW MEASURES, AND RISKS

27.
Program financing remains sufficient. Extra financing needs in comparison to
program assumptions have arisen from budget slippages (expected to be covered by pension
transfers), SOE financing needs and outflows from long-term savings products for retail
investors. However, Treasury bill issuance has been above expectations, albeit at the expense
of shortening maturities. Some financing needs stemming from the closure of BPN have been
delayed to 2012, allowing space for bringing forward allocations to the BSSF. Overall,
financing needs over 2012â&#x20AC;&#x201C;13 are somewhat higher than at the first review, but they can be
accommodated while still building a prudential cushion in the cash balance over 2012.
Meeting fiscal and SOE restructuring objectives will be key.
28.
Conditionality focuses on putting fiscal adjustment back on track, enhancing the
framework for ensuring financial stability, and removing specific obstacles to effective
competition. Adoption of a 2012 budget consistent with program objectives is a prior action
for the completion of this review. With a view to strengthening public financial management,
near-term structural benchmarks include launching an independent study of the national PPPs
(end-December 2011) as an input in deciding how future payments can be managed or
reduced. Submission to Parliament of a reformed regional public finance law aimed at
restoring fiscal discipline at sub-national levels of government is a benchmark for
March 2012. Submission to Parliament of amendments of the bank law governing access to
public capital (January 2012), and the insolvency law (December 2011), with a view to

19
facilitating the recovery of viable firms, are also benchmarks. Amendments to the
competition law (already in public consultation), increasing the competition authority’s
autonomy and expanding enforcement options and effectiveness, is a benchmark for endJanuary 2012, as is the development of a proposal on how to reduce rents in electricity
generation generated by very generous long-term contracts. To reduce the backlog of cases
and increase efficiency in the judicial system, a proposal to identify key areas in the Code of
Civil Procedure for refinement will be finalized by end-2011, and arbitration will be made
fully operational by end-February 2012.
29.
In the staff’s view, exceptional access remains justified. Strong policy
implementation remains key to regaining access to medium and long-term sovereign debt
markets by late 2013, in line with program assumptions. While acknowledging the increase
in risks from prolonged market turmoil in the euro area, staff considers regaining sufficient
market access to repay official creditors and meet other financing needs feasible. Fuller
analysis incorporates the risks to public debt sustainability from other sources, including
contingencies and long-term commitments of the state through PPP contracts (Appendix I),
but baseline forecasts still suggest debt ratios will peak in 2013. Systemic risks and potential
for spillovers to other Euro area countries remain a relevant consideration in justifying
exceptional access.
30.
Capacity to repay the Fund is adequate. Outstanding credit is expected to peak in
2014 at 14½ percent of GDP, with debt service peaking in 2018 at 2¼ percent of GDP, or
5.4 percent of exports of goods and services. EU commitments to lower interest rates and
extend the maturities of program loans should lower and smooth the profile of repayments
over the medium term.
31.
Significant risks to the program remain. Market conditions may not favor rapid
restoration of sovereign and bank access to external debt markets, while spillovers from
worsening conditions in other Euro area countries would have a negative impact on external
demand and confidence. Such developments may also limit the foreseen reduction of interest
rates on EU program loans. At the same time, debt sustainability—and social support for the
program—are vulnerable to poor growth outcomes. In view of the fiscal slippages in 2011,
and risks to budget outcomes in 2012 (e.g., from larger than expected revenue losses or
additional bank recap needs in 2012), the limited room for maneuver implies that strong
budget implementation, along with contingency measures to react to future slippages, will be
important to ensure fiscal sustainability and strengthen confidence.8 Finally, excessive
deleveraging by banks would affect growth and the path of recovery.

8

The fiscal multiplier is assumed to be around 0.5, but the uncertainties around that value are large, depending
on the fiscal measures taken and exogenous influences on growth.

20
VI. STAFF APPRAISAL
32.
The program is broadly on track but faces increasing headwinds, and
perseverance is essential. Policy implementation is well under way and all end-September
PCs were met. While the 2011 fiscal shortfall is serious and regrettable, the 2012 budget is
expected to put fiscal policy back on track. At the same time, given that improving
competitiveness is critical, the decision not to implement a fiscal devaluation will create a
considerable gap in the structural reform agenda that needs to be filled through alternative
measures. In addition, the external environment has become much more difficult in light of
stress in Europe.
33.
The strong 2012 budget rightly refocuses the fiscal strategy on expenditure cuts
and helps re-establish credibility. In staff’s judgment, the bold and concrete measures
included in the budget are consistent with meeting the ambitious fiscal target of 4.5 percent
of GDP in 2012, which remains justified to regain confidence. Furthermore, public sector
wage cuts should provide incentives for adjustment in private sector wages and, together with
increases in indirect taxes, contribute to a switch from consumption-based to export-led
growth. However, the budget includes few buffers to absorb adverse developments, and political
determination to implement the 2012 budget, including through stringent commitment
control over spending by the various units, will be key to the program’s success.
34.
Continued progress in structural fiscal reform is critical for success. In particular,
it is essential to proceed with plans to address still rising arrears, enforce better expenditure
control, restructure/privatize SOEs, and reduce local and regional fiscal risks. In this regard,
the envisaged adjustment program for the troubled autonomous region of Madeira will
provide a good opportunity to signal full commitment to tackle such risks in a comprehensive
manner.
35.
Given the large fiscal adjustment, the economy cannot afford excessive private
sector deleveraging. In particular, the needed reduction in banks’ funding imbalances should
not lead to contraction in credit to dynamic enterprises in the export sector. Close monitoring
of the credit conditions and ensuring the consistency of evolving bank funding plans with the
macroeconomic framework are essential. The ECB should maintain current channels of
exceptional liquidity support to smooth the adjustment process until normal access to market
funding is regained.
36.
State support for bank recapitalization should ensure that banks remain
managed as private entities. Following the new requirements released by EBA in
October 2011, Portugal’s banks are facing fresh challenges to strengthen their capital
positions, requiring possible temporary use of public funds. The new rules that are being put
in place to help the process should strike the right balance between ensuring confidence in
the banking sector and excessive or lasting state involvement. Strict conditionality will

21
ensure that banks exhaust all other options to achieve the needed capital increase before
seeking public funds.
37.
The bank pension transfer involves risks. The transfer, which comes at a difficult
time for banks, is being pushed forward to meet the 2011 fiscal target and provide additional
liquidity. Staff questions both the timing of the transfer and the appropriateness of in effect
using an accounting technique to mask the true fiscal position. To avoid transferring losses to
taxpayers, it is essential that the pension assets and liabilities are taken over at a fair value,
respecting EU competition and state aid law. Moreover, the transferred funds, net of any
support to the banks, should not be used to increase spending.
38.
The program’s success remains crucially dependent on strong progress in
structural reform. Implementation of a wide range of reforms to improve competitiveness
and open up the economy to competition is needed to tackle Portugal’s decade-long growth
stagnation. Sustaining the momentum in addressing labor market rigidities is key. In
particular, significant adjustment in wages is needed in the short run, before reforms enhance
productivity over time. In this regard, public sector wages cuts, extension of working hours,
and the decision to redesign the extension of collective wage agreements and not to grant
automatic extensions during 2012 are welcome. These measures should help firms in the
private sector respond more efficiently to the sharp cyclical downturn. Regarding the
competition framework, much more effort is needed to curb rent seeking in sheltered sectors,
in particular the energy sector. Staff welcomes the authorities’ plan to re-invigorate the
structural reform agenda in scope, focus, and specificity by the time of the third
review. Given the decision not to implement a fiscal devaluation, it is essential to
complement the reform agenda by additional measures to enhance competitiveness. In this
regard the authorities’ plans to enhance the depth and focus of the reform by the time of the
third review are welcome.
39.
Despite a good start, significant challenges lie ahead. Making serious headway in
improving competitiveness and liberalizing the non-tradable sector would require concerted
efforts to get past strong vested interests. Moreover, the worsening euro area environment
leaves Portugal even more at the mercy of forces beyond its control. Overcoming these
challenges require continued strong domestic political commitment to the policies in the
program.
40.

Staff supports the authorities’ request for completion of the second review.

Sources: International Monetary Fund, Country desk data, and staff estimates.
1/ Shaded areas represent actual data. Individual shocks are permanent one-half standard deviation shocks, except
the interest rate shock which is a permanent one standard deviation shock. Figures in the boxes represent average
projections for the respective variables in the baseline and scenario being presented. Ten-year historical average for
the variable is also shown.
2/ For historical scenarios, the historical averages are calculated over the ten-year period, and the information is
used to project debt dynamics five years ahead.
3/ Permanent 1/4 standard deviation shocks applied to growth rate, and current account balance, and 1/2 standard
deviation shock to the real interest rate.
4/ One-time real depreciation of 30 percent occurs in 2012.

Revenue
Taxes
Taxes on production and imports
Current taxes on income, wealth, etc. and Capital taxes
Current taxes on income, wealth, etc.
Capital taxes
Social contributions
Grants and other revenue
Property income
Sales of goods and services
Other current revenue
Capital transfers and investment grants
of which: Pension funds transfer

67.0
36.6
21.3
15.2
15.2
0.0
21.1
9.3
1.3
4.1
2.3
1.6
0.0

71.8
38.4
23.0
15.4
15.3
0.1
21.2
12.2
1.4
4.2
2.1
4.6
2.8

72.7
40.7
24.1
16.6
16.5
0.1
21.4
10.7
…
…
…
…
0.8

74.7
40.2
23.9
16.3
16.2
0.1
21.4
13.1
1.4
4.6
1.6
5.4
3.3

71.6
41.3
25.7
15.7
15.6
0.1
20.2
10.0
1.4
4.9
1.5
2.2
0.0

72.9
42.4
26.1
16.3
16.2
0.1
20.2
10.3
1.5
5.0
1.6
2.3
0.0

75.3
43.8
26.8
17.0
16.9
0.1
20.8
10.7
1.5
5.2
1.6
2.3
0.0

77.5
45.3
27.6
17.8
17.7
0.1
21.2
11.0
1.6
5.4
1.7
2.4
0.0

80.2
46.9
28.4
18.5
18.4
0.1
21.9
11.4
1.6
5.6
1.7
2.5
0.0

Expenditure 2/
Expense
Compensation of employees
Use of goods and services
Consumption of fixed capital
Interest (ESA95)
Subsidies
Social benefits
Grants and other expense
Other current expense
Capital transfers
Net acquisition of nonfinancial assets
Gross fixed capital formation
(-) Consumption of fixed capital
Acquisitions less disposals of other nonfinancial assets

Sources: Portuguese statistical authorities; and IMF staff projections.
1/ GFSM 2001 presentation.
2/ Historical data include expenditure commitments that have given rise to arrears of the general government.
3/ Under the program, expenditure related to the €495 million recapitalization of BPN is excluded.

Revenue
Taxes
Taxes on production and imports
Current taxes on income, wealth, etc. and Capital taxes
Current taxes on income, wealth, etc.
Capital taxes
Social contributions
Grants and other revenue
Property income
Sales of goods and services
Other current revenue
Capital transfers and investment grants
of which: Pension funds transfer

39.7
21.7
12.6
9.0
9.0
0.0
12.5
5.5
0.8
2.4
1.4
0.9
0.0

41.6
22.2
13.3
8.9
8.9
0.0
12.2
7.1
0.8
2.4
1.2
2.6
1.6

42.5
23.8
14.1
9.7
9.6
0.0
12.5
6.2
…
…
…
…
0.4

43.5
23.4
13.9
9.5
9.4
0.0
12.4
7.6
0.8
2.7
0.9
3.2
1.9

42.5
24.5
15.2
9.3
9.3
0.0
12.0
6.0
0.8
2.9
0.9
1.3
0.0

42.4
24.7
15.2
9.5
9.4
0.0
11.8
6.0
0.9
2.9
0.9
1.3
0.0

42.2
24.5
15.0
9.5
9.5
0.0
11.6
6.0
0.9
2.9
0.9
1.3
0.0

41.9
24.5
14.9
9.6
9.5
0.0
11.4
6.0
0.8
2.9
0.9
1.3
0.0

41.9
24.5
14.8
9.7
9.6
0.0
11.4
6.0
0.8
2.9
0.9
1.3
0.0

Expenditure 2/
Expense
Compensation of employees
Use of goods and services
Consumption of fixed capital
Interest (ESA95)
Subsidies
Social benefits
Grants and other expense
Other current expense
Capital transfers
Net acquisition of nonfinancial assets
Gross fixed capital formation
(-) Consumption of fixed capital
Acquisitions less disposals of other nonfinancial assets

Sources: Portuguese statistical authorities; and IMF staff projections.
1/ GFSM 2001 presentation.
2/ Historical data include expenditure commitments that have given rise to arrears of the general government.
3/ Under the program, expenditure related to the €495 million recapitalization of BPN is excluded.

Liabilities
Liabilities to Bank of Portugal
Liabilities to other FIs
Deposits of non MFIs
General government
Private sector
Securities other than capital
Liabilities to non-residents
Other
Capital and reserves

Sources: Bank of Portugal and staff estimates.
1/ Excludes Bank of Portugal. Private sector includes SOEs that do not consolidate in the general government.
2/ Loan to deposit ratio for banking system as a whole based on monetary statistics.
3/ Includes foreign interbank borrowing and securities issued.

May 20, 2011
September 9, 2011
December 15, 2011
March 15, 2012
June 15, 2012
September 15, 2012
December 15, 2012
March 15, 2013
June 15, 2013
September 15, 2013
December 15, 2013
March 15, 2014
May 15, 2014

40
Appendix I. Debt Sustainability Analysis (DSA)
This appendix presents an update of the DSA consistent with the new IMF’s
framework.9 Projections have been extended until 2030 to include long-term expenditure
pressures. Country-specific fiscal risks have been identified, enhancing the information
content of shocks to be applied to the baseline. Finally, the coverage of the analysis has been
broadened from general government towards public sector, by including information on
SOEs that do not consolidate with the general government.
Under the baseline, debt is projected to peak at about 118 percent of GDP in 2013 and
gradually decrease over time, to below 75 percent by 2030.10 Debt reduction after 2020
relies on high and sustained primary surpluses (3.5 to 4.0 percent of GDP over 2020–30);
even so, debt remains at high levels. Bringing debt to safer levels (for instance, below 60
percent of GDP), in order to strengthen resilience to shocks, would require additional fiscal
consolidation to continue well after the program period. Under less favorable scenario taking
into account long-term spending pressures, debt would still stabilize in 2013 but would
remain above 100 percent of GDP by 2030.
Level of Public Debt
Portugal’s debt has increased sharply since the beginning of the crisis and is projected
to reach about 107 percent of GDP at end-2011. During 2006–11 alone, debt increased by
close to 30 percent of GDP. While reclassifications of SOEs and PPPs into the general
government explain part of this increase, it was mainly caused by large deficits in recent
years (a cumulative 20 percent of GDP only in 2009–10).
The automatic debt dynamics are not favorable over the near term. Starting in 2012,
Portugal is projected to run primary
surpluses. However, the interestComposition of the Changes in Public Debt
growth differential alone (particularly
(percent of GDP)
arising from high interest rates) will
15.0
lead to a cumulative debt
10.0
accumulation close to 10 percent of
Other debt-creating flows
5.0
annual GDP during 2012–13. Over
Growth rate effects
the medium term, the average
0.0
Interest rate effects
projected i-g differential for 2012–16
-5.0
Primary deficit
stands at 2.5 percent for Portugal, in
-10.0
comparison to an average of
-0.5 percent for advanced economies.
In the long run, the i-g differential is
assumed as 1 percent.

9

IMF (2011), Modernizing the Framework for Fiscal Policy and Public Debt Sustainability Analysis.
The baseline assumes potential growth at 2 percent and an average real interest rate at 3 percent.

10

41
Debt Profile
Government debt, including SOEs, is mostly expressed in Euros and at fixed rate,
which minimizes foreign exchange and interest rate risk. However, owing to market
conditions, the maturity of the outstanding debt has been decreasing steadily, resulting in
increased rollover risks. In addition, residents are holding increasingly larger shares of
government debt (close to 40 percent of total debt), with foreign investors only willing to
purchase Portuguese debt at reasonably higher rates.
Realism of the Baseline Projections
Staff’s medium-term growth assumptions do not include any payoff from structural
reforms. Growth projections for 2012 have been revised downwards from -1.8 percent to
-3 percent, but continue to reflect a cyclical recovery starting in 2013. In the long term, the
baseline incorporates the authorities’ potential growth assumption of 2 percent, which seems
realistic. However, debt sustainability strongly depends on the full implementation of a large
cumulative improvement in the structural primary balance adjustment of almost 9 percent of
GDP over 2010–13. In addition, the baseline assumes that policies are unchanged thereafter
and Portugal returns to markets at reasonable interest rates in 2014.
Nevertheless, there are significant risks of implementation failure given the country’s
systematic inability in the past to fully meet its medium-term fiscal targets (see May
Staff Report, Annex 3). Mitigation strategies are in place, mainly through an improvement of
public financial management, aiming to prepare more realistic and transparent budgets,
enhance medium-term planning, and strengthen expenditure controls. However, the payoff of
these reforms may take longer than expected to materialize, particularly due to changes in
information technology systems across the general government and SOEs.
Long-Term Expenditure Pressures
The DSA incorporates three long-term spending pressures: health costs, PPPs, and
pension costs.


Health costs are the largest
potential source of medium- and
long-term fiscal pressure for
Portugal, given that the
estimated NPV of future related
costs (116 percent of GDP) is
much higher in comparison to
the average of advanced
economies (66 percent of GDP).
Health spending is estimated to
increase by 3.5 percent of GDP
between 2010 and 2030 (Fiscal
Monitor, Spring 2011). This estimate is higher than the one used by the authorities in

42
the context of the “Ageing Working Group” given that it also includes larger costs
driven by technological changes.11


Portugal has one of the largest PPP programs in the world, with cumulative
investments about 20 percent of current GDP, or about 13 percent of GDP of
depreciated investments. These contracts present an annual debt-like flow of
payments that will peak in 2015 at 0.9 percent of GDP.12 The NPV of PPP payments
is estimated at 15 percent of GDP, while the NPV of PPP net payments (i.e.
considering toll revenues) is estimated at 8 percent of GDP.13



Old-age pension costs for Portugal are smaller than EU average, given the
introduction of a successful pension reform in 2007 that included a sustainability
factor in pension calculations. The DSA incorporates the current Fiscal Monitor
pension forecasts, even though the ongoing consolidation measures (freeze in
pensions in 2011 and the elimination of two monthly payments in 2012) will further
reduce long-term pressures.

Assuming no offsetting fiscal adjustment
and taking these long-term pressures into
account, debt would still peak in 2013 but
would remain much higher than under the
baseline over the long term. Under this
scenario, debt would remain close to 110
percent of GDP in 2030, or 35 percent of GDP
higher than the baseline without LT pressures.
Nonetheless, some of the ongoing structural
reforms may reduce these spending pressures
going forward.

11

The DSA is based on the Spring 2011Fiscal Monitor estimates. However, the ongoing health sector reforms
under the program are expected to increase efficiency gains in hospitals, alleviating long-term pressures. Further
work is needed to identify the payoffs of these reforms in the long run.
12

These payments are heavily concentrated on road sub-contracts, which are managed by Estradas de Portugal
(EP) – a state-owned enterprise classified within general government. EP is viable in the long run given that toll
revenues will increase over time while PPP payments will decrease after 2015. However, given that toll
revenues are not sufficient to cover its payment flows until 2030, this company will accumulate a large amount
of debt over the next two decades, which is estimated by the authorities at €18 billion over 2010–2032 (if all
tolls are introduced as currently planned). The authorities are well-aware of this dynamics and have proposed
mitigation strategies in the context of the SOE Strategic Plan. These strategies are mainly related to the
renegotiation and/or cancellation of contracts, leading to a reduction in debt accumulation by €6 billion.
13

Given that the baseline already includes about 1.5 percent of PPP payments as a share of total primary
expenditures, the additional long-term PPP pressure included in the DSA projections refers to payments
exceeding this ratio. Likewise, PPP projected spending below the threshold of 1.5 percent of primary
expenditure was considered as a negative pressure.

43

Assessing the Impact of Fiscal Risks: shocks to the baseline
Full-fledged Low Growth Scenario: Under staff’s alternative scenario of lower growth
(deeper recession over the program period14 and potential growth at 1 percent instead of
2 percent in the baseline), debt would remain flat at 120 percent of GDP over the long-term
(before including long-term pressures).
If long-term pressures are taken into
account in this low-growth scenario,
even without considering any other
shock, debt would not be sustainable.
These stress tests underscore the
sensitivity of debt sustainability to
lower growth, and highlight the
challenges in bringing down debt to
less vulnerable levels. This exercise
reinforces the urgent need for structural
and growth-enhancing reforms in
Portugal.
Contingent Liabilities Shock: Portugal’s contingent liabilities are sizeable and arise mainly
from:


explicit guarantees of about 10 percent of GDP at mid-2011 (including SOEs outside
general government), which have been increasing over time. The risk of having these
guarantees being called has increased with the deepening of the crisis;



the non-financial SOE sector has total liabilities of 33 percent of GDP and is facing
increasing financial pressures.
Given the strategic importance of
this sector and its public service
orientation, government support
may be given beyond the abovementioned explicit guarantees;



the large PPP program may lead to
risks of failed PPPs as the economy
contracts (as has already happened
in Madeira). Considering that the
PPP program has about 13 percent
of GDP in depreciated investments, this would be the maximum exposure in a worstcase scenario.

14

Growth at -4 percent in 2012, -0.8 percent in 2013, and at 1 percent in the long run.

44


Pressures on bank capital may require recourse to the BSSF. It is important to note
that the baseline already incorporates public sector borrowing of €12 billion for
funding this facility. However, any eventual additional need for bank recapitalization
would have an additional impact on debt.

Against this background, staff’s shock scenario incorporates a contingent liability shock of
15 percent of GDP over 2012–13.15 Under this shock, debt would still stabilize in 2013, but at
a higher level of 135 percent of GDP, gradually declining to 127 percent of GDP by 2030.
Interest Rate Shock: Fixed-rate debt represents a large proportion of total debt, which
minimizes the impact of interest rate
shocks on the sovereign. The shock
consists of a 60 bps increase in the average
nominal interest rate. Under this scenario,
debt would stabilize in 2013, excluding
long-term pressures, but would be
13 percentage points higher than under the
baseline at the end of the forecast period.
The same shock applied to the baseline
with long-term pressures would lead to a
flat trajectory over time.
Implementation failures:
In view of the 2011 expenditure slippages,
a key risk to the baseline scenario is failure
to fully implement the fiscal consolidation
package. Under a scenario where
expenditure slippages reach 30 percent of
total envisaged measures in 2012 and 2013,
debt would stabilize at 123 percent of GDP
in 2014 and remain above 100 percent of
GDP in 2030 (assuming that the slippages
are not offset over time). Note that this
scenario does not include long-term
spending pressures.
Broadening the Coverage of the Government Sector
The DSA is being expanded to progressively include information on SOEs that do not
consolidate with the general government. Recent episodes of reclassification have shown
that these companies can significantly affect the debt level. In addition, fiscal risks may
15

Given the higher country-specific risks involved, the contingent liability shock is larger than the standard 10
percent of GDP shock used in the current DSA framework.

45
increase over the next years as the recession deepens. However, these SOEs are generally on
a sounder financial footing than the SOEs already consolidated in the general government,
given that they run operational surpluses or—at most—small deficits, with a few exceptions.
There is no major reclassification expected at this moment. Moreover, the authorities’ SOE
strategy also covered those companies in order to ensure long-term financial sustainability.
As of September 2011, these SOEs had a debt stock of 11 percent of GDP that has been
growing slowly. Using a different methodology, a recent study indicated that the inclusion of
non-financially viable SOEs in the debt stock would have added 10.8 percent of GDP to the
2009 debt level.16 Therefore, the expansion of the debt concept towards public sector would
entail a total debt of 117 percent of GDP in 2011.
Conclusion
Portugal’s debt is sustainable, but baseline projections assume the effective
implementation of a sizable fiscal adjustment. Given Portugal’s poor track record in the
past in implementing its medium-term fiscal plans, a tighter expenditure control system and
an improved tax compliance management are paramount to keep fiscal performance on track.
Debt is highly sensitive to low growth. Given that growth-enhancing reforms take time to
materialize, they must be pursued early in the program. Moreover, there is a need to start
assessing the impact of long-term spending pressures on public finances so as to propose
mitigating strategies sufficiently early. The adverse combination of low growth and higher
future spending commitments can put debt into an unsustainable trajectory.

16

Study conducted by BPI and presented to the Parliamentary Budget and Finance Commission.

Dear Ms. Lagarde:
1.
In the attached update to the earlier Memoranda of Economic and Financial Policies
(MEFPs), we describe progress and additional policy steps towards meeting the objectives of
the economic program of the Portuguese government which is being supported by an
Extended Arrangement.
2.
Policy implementation is broadly on track. In particular, we believe that the recent
adoption of a bold and comprehensive 2012 budget will decisively set public finances on a
sustainable path and bolster market confidence in our program. All the quarterly quantitative
performance criteria for the second review were met, along with the continuous criterion on
external arrears. However, our end-September indicative target on the non-accumulation of
new domestic arrears by the general government was breached. As a corrective measure, to
avoid further arrears accumulation, we are strengthening commitment controls and ensuring
adequate budgetary allocations to the health sector.
3.
Expenditure overruns and the materialization of fiscal risks have complicated the
attainment of end-2011 fiscal deficit target. However, we intend to meet the target through a
partial transfer of bank pension funds to the social security systemâ&#x20AC;&#x201D;a one-off revenue item.
4.
Fiscal-structural reform is addressing deep-seated problems with expenditure control.
To this end, we are strengthening public financial management, halting new PPP contracts,
fundamentally restructuring the SOE sector and limiting its capacity to incur further market
debt, and reforming revenue administration and the health sector. We are also revising our
inter-governmental fiscal framework to enhance fiscal responsibility. We will require a
statement of affairs for Madeira ahead of a financial arrangement with the region.
5.
Our policy efforts to support financial system stability continue. Bank deleveraging is
progressing, and we will continue to ensure that their plans provide a level of credit
consistent with the programâ&#x20AC;&#x2122;s macroeconomic framework. The legal framework for
temporary capital increase of viable banks will be significantly improved by early 2012 with
a view to ensuring financial stability while protecting tax payers. The structural benchmark
on amending legislation to strengthen the early intervention framework and adopting the new
bank resolution framework will be met by year-end.

47
6.
Our ambitious structural reform agenda to foster higher and sustainable growth is on
track, although we did not implement a fiscal devaluation given the large fiscal
consolidation. We are working to give firms the flexibility to respond to changing demand
conditions without disruptive changes in employment, which is particularly important at this
point in the economic cycle. We are continuing to advance legislation and practices to
enhance the competition framework and facilitate market entry.
7.
On the basis of the policies defined in this letter, we request completion of the second
review under the Extended Arrangement, and the third purchase under the arrangement in the
amount of SDR 2,425 million. The attached MEFP proposes new structural benchmarks
relating to the fiscal area (reforming the regional finance law, assessing PPPs, and priority
elements of SOE restructuring plans), structural reform (developing a proposal to correct
excessive rents in energy markets), the banking sector (the rules governing the provision of
public capital to banks), and the judicial process.
8.
We remain confident that the policies described in the current and previous MEFPs
are adequate to achieve the objectives under the program. We stand ready to take additional
measures that may be needed to meet the objectives of the economic program and will
consult with the IMF, the European Commission, and the ECB, in advance of any necessary
revisions to the policies contained in this letter and attached Memorandum.
9.

This letter is copied to Messrs. Juncker, Rehn, and Draghi.

Sincerely yours,

/s/
________________________
VĂ­tor Gaspar
Minister of State and Finance

48
ATTACHMENT I. PORTUGAL—MEMORANDUM OF ECONOMIC AND FINANCIAL POLICIES
December 9, 2011
A. Macroeconomic Outlook
1.
While activity has been stronger than expected in 2011, projections for 2012
have been revised down. The contraction in domestic demand so far in 2011, resulting from
fiscal consolidation and tightening credit and financial market conditions, has been buffered
by stronger-than-expected export performance. The economy is expected to contract by 1.6
percent for the year as a whole. In 2012, with more limited support from exports and a larger
fiscal adjustment than at the time of the program, activity is projected to fall by 3 percent.
The path of inflation during 2012, as in 2011, will continue to be largely influenced by
revenue measures (VAT and tariff adjustments) in the context of the fiscal consolidation
effort, with inflation projected at 3.2 percent despite the weak cyclical position. While the
external current account is expected to improve by close to 2 percent of GDP in 2012, it will
remain high.
B. Fiscal Policy
2.
Although the end-September cash deficit target was met, slippages have opened
a gap for the year as a whole. The additional revenue measures taken during the summer
are insufficient to cover the significant slippages caused by a lack of expenditure control
(both current and capital), and shortfalls in sales of real estate and concessions and non-tax
revenue. As a result, a remaining projected gap of about 1.6 percent of GDP on an accrual
basis has emerged, with 1.3 percent of GDP carrying over into 2012. In spite of this, we
intend to meet the end-year fiscal deficit target of 5.9 percent of GDP through a partial
transfer of banks' pension funds to the state social security system (see paragraph 19). Under
ESA95 accounting rules the assets transferred in this context will be recognized as revenue.
3.
We have maintained our ambitious target for deficit reduction in 2012. We are
aiming at a general government deficit of 4.5 percent of GDP in 2012. This will bring the
cumulative structural adjustment over 2011–12 to about 7½ percent. To achieve this, the
2012 budget approved by Parliament in late November (prior action) includes discretionary
measures of over 6 percent of GDP against a no-policy- change scenario. These measures
cover the gap already identified at the time of the program request, the carry-over of the 2011
slippages, as well as the impact of higher market interest costs and the downward revision in
growth projections. Over two-thirds of the measures are on the expenditure side, in line with
the objectives agreed under the program. Two key measures are: (i) suspending the 13th and
14th months’ salaries and pensions in 2012 while protecting the lowest salaries and pensions;
and (ii) a sharp decline in the number of goods and services subject to reduced VAT rates.

49
4.
We are committed to clear the stock of domestic arrears over time. Despite our
efforts, the continuous indicative target on non-accumulation of domestic arrears was
breached in September, bringing the total increase to over €170 million since end-August and
the stock to about 3.2 percent of GDP. To avoid further accumulation of arrears, the 2012
budget ensures adequate allocations to the health sector—where about 40 percent of the
arrears are concentrated. Strengthened commitment controls will also help avoid
accumulating new arrears (see below). We need more time to finalize our strategy to settle
existing arrears for local and regional governments and the health sector, which will be
presented by end-December 2011. This will include validation plans and a road map which
will be discussed with the EC and the IMF. The speed of arrears clearance will depend on
availability of financing. Various options will be considered, including using the financing
generated by banks’ pension fund transfers. The settlement process will give priority to
arrears in hospitals, to improve the liquidity position of suppliers and likely allow hospitals to
obtain discounts when re-negotiating delivery contracts.
C. Streamlining the Public Sector
Public Financial Management (PFM)
5.
We will continue implementing public financial reforms aimed at improving
fiscal reporting and strengthening the budget process. In line with the program, we have
published our Medium-Term Fiscal Strategy and implemented a monthly survey on arrears
(both end-August SBs). We also have included in the 2012 budget information on tax
expenditures and fiscal risks. We will strengthen our analysis by publishing a Tax
Expenditure Report and a Fiscal Risk Statement by end-March 2012 in coordination with
IMF/EC. Thereafter the reports will be submitted annually together with the budget proposal.
We will also enhance fiscal transparency by publishing the level of State guarantees in our
monthly budget execution bulletin. Consolidated general government cash-based reports will
be published monthly starting in February 2012, and progressively enlarging the scope as
indicated in the MoU.
6.
Given the 2011 expenditure slippages, we will ensure strict enforcement of
expenditure plans through the adoption of stronger commitment controls. In order to
ensure tight control of budget execution in 2012, we will present appropriate legislation on
public accounting by end-December 2011. Our objective is to adjust the current legal
framework to reflect the new procedure through which we will control expenditure
commitments in the 2012 budget execution—namely by starting to control commitments
against the availability of funds.

50
Public-Private Partnerships (PPPs)
7.
Assessment and monitoring of PPPs is being strengthened. We have published a
comprehensive assessment of 36 PPPs (above the initial commitment of 20 PPPs) and 24
concessions, projecting future cash flows and risks. This assessment has shown rapidly
increasing spending pressures affecting, in particular, the financial sustainability of Estradas
de Portugal. We will reduce these pressures by increasing revenues and seeking renegotiation
of contracts, already identified in our SOE strategy considering the costs and benefits of
renegotiation. To increase transparency, we will, by December 15, publish all PPP contracts
on the MOF website (with the exception of statements subject to confidentiality clauses).
8.
Due to difficulties in the bidding preparation, the end-December structural
benchmark on hiring a top tier accounting firm to review PPP contracts is being
delayed. We are now planning to launch the tender by end-December (new structural
benchmark) with a view to signing the service contract by end-March 2012 subject to legal
contingencies associated with the procurement process. The conclusion of the study will be
completed three months after the awarding of the contract. We remain firmly committed not
to enter in new PPP contracts depending on the results of the study and, looking ahead, we
will revise our current PPP framework in order to ensure a fiscally prudent model. We will
ensure that the same commitments apply for regional PPPs, and that local governments do
not enter into any PPP contracts.
State-Owned Enterprises (SOEs)
9.
We are fundamentally restructuring the SOE sector to enhance efficiency,
restore its financial sustainability, and re-focus its activities on core public policy
objectives. We have prepared a strategic plan detailing how to (i) bring SOEs with
commercial activities to operational balance by end-2012; (ii) close or privatize firms
providing non-essential services or goods; and (iii) deal with the specific problems of the
heavily indebted transport sector companies. The plan will be implemented with the aim of
reducing SOE indebtedness and restructuring to ensure improved conditions for market
financing. The 2012 budget incorporates cost savings (including the budgeted wage cuts) and
tackles the financial burden of the central government SOEs. In order to further streamline
the SOE sector, we will eliminate most subsidiaries and shareholdings in non-core activities
by 2014. Concrete proposals on these divestments will be included in the report that will
assess SOEâ&#x20AC;&#x2122;s financial prospects, potential government exposure, and scope for orderly
privatization (end-February 2012 structural benchmark). We are also addressing SOE
problems at the local and regional levels (see below).
10.
Growth in SOE indebtedness has been excessive. Additional efforts are necessary.
We commit to limiting the increase in the overall borrowing requirements of the SOE sector,

51
including those inside and outside general government. We are preparing the new legal
framework for SOEs to be submitted to Parliament by end-January 2012, in which we will
include the prohibition for SOEs within the general government from incurring new debt
with the private sector. We are also developing a strategy to manage the heavy debt load of
these firms, including the sale of assets in non-core areas of these firms.
Revenue Administration
11.
We have made significant progress in implementing the program measures on
revenue administration. Our goals are to modernize and merge the tax and customs
administrations; strengthen the audit function; improve tax compliance; and facilitate the
efficient resolution of tax cases disputed in court. In particular:


Plans for the creation of a new revenue authority—Autoridade Tributária e
Aduaneira (AT) are advancing well. The AT will be operational starting January 1,
2012, and our focus in 2012 will be to merge central and support functions, adopt a
full-fledged large taxpayers unit, and reduce the number of branches by 20 percent.
We will continue deepening the reform in 2013 by introducing a business
function-type structure and by reducing the number of offices by additional
20 percent.



The 2012–14 Strategic Plan to Combat Tax and Customs Fraud and Evasion has been
prepared. We will intensify our efforts to curb non-compliance, including through the
full use of our anti-money laundering framework, focusing attention on high-evasion
sectors and taxpayers and will adopt e-invoicing mechanisms to facilitate compliance
and improve control. We will finalize the assessment of the net financial impact of
the proposed incentive scheme that grants a rebate of up to 5 percent on the VAT
paid, subject to a limit per taxpayer, on electronically transmitted invoices in selected
sectors, and consult with the EC/IMF before implementing the scheme.



We have undertaken a comprehensive assessment of our Information Technology (IT)
systems. Based on this assessment, and with support from IMF/EC technical
assistance, we will prepare an IT Strategic Plan for the AT by December 2011.

Health Sector
12.
We are undertaking reforms to make our health system more efficient and
financially sustainable. As specified in the MoU, we are implementing measures to generate
savings in pharmaceutical expenditures and hospital operating costs. We have also enacted
legislation increasing moderating fees (taxas moderadoras) and reducing exemptions by endJanuary 2012. We have established a working group to promote efficiency gains and
rationalize the health system, in order to address long-term expenditure pressures, and we

52
will finalize a proposal by end-March 2012. We aim to implement these measures while
maintaining the high quality and universal coverage of the Portuguese health care system.
Regional and Local Governments
13.
The inter-governmental fiscal framework needs to be thoroughly revised to
enhance fiscal responsibility and transparency across the general government. We will
need more time to submit the regional and local public finance laws to Parliament than
originally envisaged (end-December 2011). Therefore, we will re-phase our commitment
and, by end-December, prepare a document setting out the key elements of the reform. Based
on this document and with IMF/EC technical assistance, we will submit to Parliament a draft
regional public finance law by end-March 2012 (structural benchmark) and a draft local
public finance law by end-June.
14.
We will seek a financial arrangement with the Autonomous Region of Madeira.
The region poses a significant drag on the Portuguese public finances. The arrangement will
include quantitative criteria on fiscal performance and structural reforms – the latter in line
with the recommendations of the September technical assistance mission. As a pre-condition
for signing the arrangement, the Madeira government will present a Statement of Affairs,
which will be reviewed by the authorities and sent to the Court of Auditors (MoU paragraph
3.17). The 2012 Madeira budget should be fully consistent with the State budget. Under the
program, we will ensure that all arrears are audited before any settlement strategy is
implemented. Until the arrangement is in place, we will enhance our monitoring of Madeira’s
budget execution.
15.
An assessment of local and regional SOEs is being prepared. Based on this
analysis and in line with the Strategic Plan for the central government SOEs, we will prepare
restructuring plans for the local SOE sector by end-January 2012. Regarding regional SOEs,
restructuring in Madeira will start under the above-mentioned program, while work has
already started in Azores.
Public Administration Reform
16.
Plans to streamline the public administration (including SOEs and foundations)
are on track. At the central level, we will fully implement the measures set out in the July
PREMAC (Central Administration Restructuring and Modernization Plan), targeting a
reduction of 40 percent in administrative structures and of 27 percent in management
positions (which is above the 15 percent reduction agreed in the May 2011 MEFP). At the
local level, we approved the “Green Paper for Local Administration Reform” in October and
will submit the related draft laws to Parliament by end-June 2012.

53
Privatization
17.
We are entering the final stages of the privatization of EDP and REN. Four
bidders were selected for EDP, out of a shortlist of 6, and the second phase will be completed
before end-2011. The financial closing of this privatization will occur in January 2012. As
for REN, we will select the bidders and initiate the second phase of the privatization before
end-2011. This transaction shall also be completed by early 2012. Bidders for both
privatizations include large international strategic investors. We will proceed with the sale of
GALP and the small remaining stake in REN on the free market, which we have delayed
until market conditions improve. We expect to launch the sale of CP Cargo by mid-2012; are
initiating the privatization process for ANA and TAP with a view to completing their sale in
late 2012; and will launch the CTT privatization in the second half of 2012 and plan to
complete the sale in early 2013. We are further considering the partial sale of RTP and Aguas
de Portugal, and concessions for transport operators in Lisbon and Porto upon completion of
restructuring of the public transport firms in these cities. We will begin to wind down
Parpublica in 2013.
D. Protecting the Financial System amidst Deleveraging and the Sovereign Crises
18.
Bank liquidity remains under pressure. We continue to encourage banks to
strengthen their collateral buffers on a sustainable basis. Banco de Portugal (BdP), in
consultation with the ECB, will continue to monitor closely the liquidity situation of the
banking system and stands ready to take appropriate measures to maintain sufficient system
liquidity.
19.
Policies must strike an appropriate balance between potentially conflicting
objectives. On the one hand, it is important that the banking system eliminates its funding
imbalances, with a view to reducing its high dependence on Euro system liquidity as planned.
On the other hand, the pace and composition of deleveraging should not jeopardize the
provision of appropriate credit to finance productive investments in the economy, not least
SMEs. Fiscal adjustment and an attendant reduction in the public sector’s financing are
crucial for reconciling potentially conflicting objectives. So far, the deleveraging has been
facilitated by a reduction in banks’ foreign activities, and there is no evidence of a domestic
credit crunch. Moreover, deposits have been resilient throughout the crisis, reflecting the
public’s trust in the domestic banking system. We will continue to monitor credit market
developments closely, and the periodic revisions of the medium-term funding plans will
provide a tool for ensuring that the necessary deleveraging takes place in an orderly manner,
consistent with the program’s macroeconomic framework.
20.
The partial transfer of the banks’ pension plans to the social security system will
be done under balanced conditions. The plan is to transfer, in 2011, only the
assets/liabilities relating to already-retired bank employees. The interest of all stakeholders,
including the taxpayer, will be protected by ensuring that the pension liabilities and

54
corresponding assets are taken over at a fair value, also respecting EU competition and state
aid law. Additional capital requirements resulting from this transfer will be sought from
private sources, as in other upcoming recapitalization efforts. However, if necessary, we will
also offer to help banks cover the loss and the impact on capital by using part of the transfer
itself and acquire common equity in banks. This would eliminate the need to use funding
under the program for bank recapitalization. We will also ensure that the remainder of the
transferred funds will be deposited in a blocked account until the completion of the third
review.
21.
Pressures on bank capital have increased. In addition to the targets and deadlines
set under the program for end-2011, which banks are on track to meet from private sources,
further strengthening in their capital position has become necessary. The capital exercise
announced by the European Banking Authority (EBA) on October 26, including a new
temporary buffer for sovereign exposures, requires substantial additional bank capital. Still
more capital will be needed as a result of the planned partial transfer of banks' private
pension plans as well as from the special on-site inspections program (SIP).
22.
The BdP has requested banks to present plans on how to augment their capital.
In addition to the EBA requirements in this field, banks will provide plans by end-February
2012 on how they intend to meet all their capital needs and the applicable deadlines,
including their possible need for public capital. For the pension plan transfers and the SIP,
the deadline for providing the capital will be the same as for the EBA exercise, namely endJune 2012. In the meantime, the impact of the pension plan transfers and the SIP on their
end-2011 regulatory capital ratios will be temporarily neutralized.
23.
We are finalizing the rules governing the provision of capital from public
sources to banks. The draft law in the process of approval by Parliament and its
implementing legislation are designed to extend temporary public support to viable banks,
under strict conditions and with strong protection of the interests of the taxpayer. The
legislation will ensure that the whole range of instruments deemed acceptable by the
regulators, including EBA, will be available in Portugal. Whenever a beneficiary bank ceases
to comply with the steps and deadlines agreed under the recapitalization plan, or does not
manage to achieve the Core Tier 1 capital requirements within a time frame established by
law, the government will start to exercise its full ownership rights. The price for shares
issued as part of the public support will be in line with EU guidelines, and will include a
sizeable discount to provide a large safety margin for the taxpayer. It will also include
increasing incentives for early repayment. The repurchase price will be based on the issue
price plus an accrued remuneration plus a share of any increase in value. In order to avoid
that the private shareholders are effectively subsidized by the public sector, and to enhance
the prospects for capital injections, banks will be required to demonstrate that they have tried
everything to achieve the capital increase via private sources before they receive any public
funds. The framework for access to public capital will be finalized by end-January 2012
(structural benchmark) and will be consistent with EU state aid rules.

55
24.
We are continuing to streamline the state-owned CGD group to increase the
capital base of its banking arm as needed. Additional efforts will be deployed to meet the
Core Tier 1 capital ratio target of 9 percent by end-2011, without relying on the sale of the
insurance arm. This sale is expected to take place in 2012 directly to a final buyer and to
contribute to meeting that year’s additional capital needs. Insofar as these needs cannot be
met from internal group sources, CGD will be provided with government capital support
outside of the Bank Solvency Support Facility (BSSF).
25.
The BdP has enhanced its assessment of the banking sector’s resilience under
stress. The recommendations made in June 2011 by a joint team of experts from the
EC/ECB/IMF for the BdP’s Solvency and Deleveraging Assessment Framework (SDAF)
have been addressed. In the context of the assessment exercise planned for the third review,
banks will incorporate the available results of the SIP, and the BdP will use the SDAF as a
top-down benchmark as scheduled. The exercise will be performed in the context of the last
step of the SIP and based on a three-year horizon, a 6 percent Core Tier 1 threshold, and a
scenario prepared by the BdP and agreed with the EC/ECB/IMF, who will assess the quality
of the results of the SDAF in that review. The BdP will continue to monitor on a quarterly
basis the banks’ potential capital needs with a forward looking approach under stress
conditions.
26.
The BdP continues to strengthen its supervisory capacity. It is making progress in
widening the ranks of its specialist staff, and intends to establish a new division tasked with
the maintenance of supervisory methodologies and tools, including the dissemination across
its supervisory function of the experiences obtained via the SIP. Disclosure on nonperforming loans has been improved by adding a new ratio in line with international practices
to the current ratio that covers only overdue loan payments. Furthermore, the BdP remains
committed to close coordination with home and host country supervisors, both within and
outside the EU.
27.
Final negotiations to complete the sale of Banco Português de Negócios (BPN)
are proceeding. The conclusion of the transaction is pending a decision by the EC to ensure,
inter alia, the transaction’s legal certainty and to ensure minimum cost to the Portuguese
taxpayers and the economy as a whole, including in relation to financial stability. The
Portuguese government is fully co-operative in these matters with the relevant authorities.
28.
Progress continues to strengthen the early intervention, resolution, and deposit
insurance framework. The end-November 2011 structural benchmark for the legislative
amendments will be met by end-year at the latest. Enabling legislation to strengthen the
framework in these areas has already been passed by the Parliament and is awaiting
promulgation by the President. The Decree Law implementing the detailed framework will
thereafter need to be approved by the Council of Ministers and promulgated by the President.
The Portuguese legislator, in establishing the legal framework for the resolution fund, is

56
further examining the operational details, including the funding of such a fund, and will take
into account the EU Directive on resolution more broadly as soon as it becomes available. .
29.
We remain committed to strengthening the legal framework for corporate and
household debt restructurings. We are finalizing the corporate insolvency law amendments
to support better early rescue of viable firms (end-December 2011 structural benchmark).
Voluntary out of court restructuring guidelines in line with international best practices were
issued in September 2011. We are also implementing an action plan to raise public awareness
of restructuring tools.
30.
We will continue to enhance the monitoring of the high indebtedness of the
corporate and household sectors. The first quarterly monitoring report has been published
and we will continue to improve its information content. The work of the task force will
continue on detailing the pressure funding points of companies and households and
suggesting policy actions to mitigate them. The Ministry of Economy will, in by endDecember 2011, provide the EC/ECB/IMF with an assessment of existing support
mechanisms to SMEs and details of policy measures on financial and non-financial support
to this sector.
D.

Enhancing Competitiveness and Efficiency through Structural Reforms

31.
Competitiveness gains are critical to ensure a sustainable adjustment of the
economy to a higher and more balanced growth path. The adjustment in the current
account so far has been a result of a compression in domestic demand; going forward, it must
be driven by a more dynamic export sector. While we have decided against fiscal devaluation
as a policy tool to cut labor costs to firms, we are pushing ahead with other measures to boost
the competitive position of Portuguese firms.
Labor Markets
32.
We recognize that Portuguese firmsâ&#x20AC;&#x2122; limited ability to match their workforce to
their needs is a key constraint to a well-functioning labor market. Portugal ranks high on
both the generosity of severance pay and on the restrictiveness of conditions for fair
individual dismissal. We have already implemented legislation to reform severance payments
for new hires, reducing significantly dismissal costs to 20 days per year of service,
eliminating the three month minimum payment, and capping payments at 12 months of pay.
To further alleviate relevant constraints, and in consultation with social partners, we are:
ď&#x201A;ˇ

giving careful consideration to ways of (i) extending the severance pay adjustment to
include current employees without reducing accrued-to-date entitlements (law
proposal to be submitted to Parliament by end-March 2012), (ii) benchmarking
benefits to the EU average of 8â&#x20AC;&#x201C;12 days per year of work, and (iii) introducing an
employer-financed severance pay fund Draft legislation will be submitted to
Parliament no later than end-September 2012.

57


developing proposals, to be submitted to Parliament by end-March 2012, which
would ease the requirements for dismissals based on the extinction of the work
position and based on a worker’s unsuitability.

33.
To promote wage developments consistent with improving firms’
competitiveness, we will not grant automatic extensions of collective agreements during
2012, while we redesign the features of the extension mechanism. This should reduce
pressures on firms facing tight profit margins and reduced demand, so as to avoid disruptive
declines in employment. In the meantime, we will continue to work on developing clear
criteria for the extension of collective agreements by end-June 2012, so that the new
mechanism can enter into force by end-January 2013 (MoU paragraph 4.7).
34.
We are pushing ahead with measures to address the rise of long-term
unemployment. Our dialogue with social partners has been productive, and we are well
advanced in formulating proposals for reforming the unemployment insurance system. Our
proposals aim to increase incentives to work and reduce the risk of long-term unemployment.
To affect incentives in a decisive way, we aim to reduce the maximum duration of
unemployment insurance benefits to no more than 18 months, while strengthening the role of
the contributory careers vis-à-vis the workers age in determining benefits. At the same time,
we will broaden social safety nets by granting access to unemployment benefits sooner, after
12 months of work, and extending coverage to self-employed (MoU paragraph 4.1 iv).
Competition Framework
35.
We are reducing the scope for rent-seeking behavior and removing clearly
identified competitive distortions.
Telecommunications


We are committed to further lowering mobile termination rates, thus encouraging
market entry by smaller operators and correcting the competitive disadvantage of
smaller mobile operators. Two reductions have already taken place in 2011, and a
decision to further lower mobile termination rates by over 60 percent by end-2012, as
compared with 2010 termination rates, has been submitted to public consultation.



Recommendations made by the Competition Authority in the fixed communications
market have been adopted, including dissemination of tools to compare pricing and
other characteristics for the majority of services, standardization of contracts, and
publication of a consumer guide. We will examine the need for further action (MoU
paragraph 5.17).



We have published the spectrum auction rules in line with our commitments in the
MoU. A number of important features of the auction rules should encourage new
entry and ensure a level playing field. We will conduct an assessment of the state of

58
play in the market and address any resulting anti-competitive practices or distortion
(within two years of the auction). We are committed to use the enforcement
mechanisms inscribed in the auction rules to ensure fair and reasonable access to
national roaming agreements, which is critical for potential new entrants.


We will renegotiate by end-2011 the concession contract with PT Telecom as it
pertains to providing universal service, in order to award the contract through a tender
procedure.

Competition Authority and Regulators


The draft new Competition Law will be submitted to Parliament by end-January 2012
(structural benchmark). We will invite three qualified entities to submit proposals for
the study of nomination practices, responsibilities, independence, and resources of the
National Regulatory Authorities. The study, to be completed by April 2012, will be
used to address any deficiencies in the regulatory framework. In the meantime, we
will continue to strengthen sectoral regulators, ensuring they enjoy the independence
they require to carry out their tasks (in line with our commitments under MoU
paragraph 5.18 and 5.21).

Services and regulated professions


We are committed to more integrated and open services markets. We will
implement reforms in the services sector and regulated professions to facilitate the
establishment and cross-border provision of services and to remove unjustified
restrictions to access and activity exercise in regulated professions.

Rental market reform


We have identified measures to amend the urban rental law and simplify procedures
for renovation to promote mobility and foster an efficient housing market as detailed
in the MoU. Draft legislation will be submitted to Parliament by end-December 2011.

Energy Markets
36.
Recognizing the need to address competitiveness comprehensively and across all
sectors, we will take bold steps to reduce excessive rents in energy markets. High rates of
return granted to generators in the standard and special regimes are recovered from electricity
consumers and represent a significant share of the total electricity payment and weighing on
input costs in energy-intensive industries. In line with our decision to avoid excessively large
increases in electricity prices, these policy costs are not currently fully compensated by
electricity tariffs. The associated debt (“tariff deficit”) to distributors is expected to rise
steadily, potentially posing risks to cash flows or crowding out credit as the debt is
securitized with banks. To that end, we will adopt measures to set the national electricity

59
system on a sustainable path leading to the elimination of the tariff debt (dĂŠficit tarifĂĄrio) by
2020 and ensure that it will stabilize by 2013. The latter deadline is subject to review, based
on the specific measures that will be taken. To that end, by end-January 2012 (structural
benchmark), we will prepare a proposal which specifically corrects excessive rents in special
(co-generation and renewables) and standard regimes (CMECs, PPAs, and power guarantee
mechanism). This proposal will consider the merits of a full range of concrete measures, and
will cover all sources of rents.
Judicial Reforms
37.
We are implementing targeted measures to achieve a steady reduction of the
backlogged enforcement cases. An inter-agency task force will be established by
end-November 2011 to set quarterly targets for closing enforcement cases and prepare
quarterly reports on implementation status, with the first report to be completed by February,
15 2012.To improve the legal and institutional framework for enforcement agents, we will
prepare an action plan by end-February 2012 to: (i) identify measures over the next twelve
months to achieve the objectives of strengthening the authority and financing structure of the
oversight body and enhancing the accountability of enforcement agents, and (ii) include an
analysis of the feasibility of a fee structure that incentivizes speedy enforcement. In addition,
the oversight bodyâ&#x20AC;&#x2122;s full access to the enforcement case files, including financial data, will
become operational by March 15, 2012.
38.
We remain committed to streamlining the court structure and improving
efficiency of the judicial process. To this end, we will strive for timely implementation of
the end-January 2012 measures on a judicial roadmap to reduce the number of court districts
and close down underutilized courts, an assessment of court management, a new personnel
management plan, separate chambers within the Commercial Courts and allocation of
resources based on court by court quantitative data. A revised judicial roadmap based on
stakeholder consultations and cross country experience will be prepared by end-May 2012,
and a bill to implement the roadmap will be submitted to Parliament by end-September 2012
(structural benchmark). We are also finalizing a proposal to improve the Code of Civil
Procedure, including a single-judge procedure for small claims. Based on this proposal and
comparative law analysis, the draft amendments to the Code of Civil Procedure will be
prepared by end-June 2012, and submitted to Parliament by end-September 2012 (structural
benchmark). Finally, the Ministry of Justice will submit to Parliament a bill to improve the
Justices for the Peace regime by end-March 2012.

60

Table 1. Portugal: Quantitiative Performance Criteria
(In billions of Euros, unless otherwise specified)
Performance Criteria
(unless indicated otherwise)
Jun-11
Sep-11
Program Actual
Program Actual
Dec-11
1. Floor on the consolidated General Government cash
balance (cumulative) 1/
2. Ceiling on accumulation of domestic arrears by the General
Government (continuous indicative target) 2/
3. Ceiling on the overall stock of General Government debt
4. Ceiling on the accumulation of new external payments
arrears on external debt contracted or guaranteed by the
general government. 3/

Indicative Targets
Jun-12 Sep-12 Dec-12

Mar-12

-5.4

-5.1

-6.7

-5.7

-10.3

-1.9

-4.4

-5.9

-7.6

…

…

0

0.2

0

0

0

0

0

175.9

167.9

175.9

170.8

175.9

182.0

182.0

182.0

182.0

0

0

0

0

0

0

0

0

0

1/ Corresponds to an overall deficit of the General Government of €10,042 million on ESA 95 basis. Cumulative from January 1, 2011
for 2011, and cumulative from January 1, 2012 for 2012.
2/ Applies on a continuous basis from September onwards. Insufficient information for application in June.
3/ Applies on a continuous basis.

61
Table 2. Portugal: Structural Conditionality 1/
Measure

Timing

Status

Prior Actions
1

Parliamentary approval of a 2012 budget consistent with the program, in line with paragraph 3 of
the MEFP.

Structural Benchmarks
A. Strengthen financial stability and enhance banking sector monitoring:
Amend relevant legislation in consultation with the EC, the ECB and the IMF to strengthen the
early intervention framework, introduce a regime for restructuring of banks as a going concern
under official control and strengthen deposit insurance framework.

End-Dec. 2011
2/

3

Amend the Insolvency Law to better facilitate effective rescue of viable firms .

End-Dec. 2011

4

Amend the framework (Law No. 63-A/2008) for bank access to public capital. 4/

End-Jan. 2012

2

B. Enhance competitiveness:
5

Submit to Parliament legislation revising the Competition Law, making it as autonomous as
possible from the Administrative Law and the Penal Procedural Law and more harmonized with
the European Union competition legal framework.

End-Jan. 2012
3/

6

Prepare a proposal on measures to be used to correct excessive rents in special (co-generation
and renewables) and standard regimes (CMECs, PPAs, and power guarantee mechanism). The
proposal will consider the merits of a full range of measures and cover all sources of rents.

End-Jan. 2012
3/

7

Review the Code of Civil Procedure and prepare a proposal addressing the key areas for
refinement.
Take all necessary legal, administrative, and other steps to make arbitration fully operational.

End-Dec. 2011

8

End-Feb. 2012

C. Strengthen public financial management and reduce fiscal risks:
9

Publish a fiscal strategy document for the general government which will specify 4-year mediumterm economic and fiscal forecasts, supporting analysis and underlying assumptions, and 4-year
costings of new policy decisions.

End-Aug. 2011

Met

10

Conduct and publish the results of a survey of arrears of general government entities and SOEs
for all categories of expenditure as at end-June 2011.

End-Aug. 2011

Met

11

Launch a tender to hire a top tier international accounting firm to review and complete a more
detailed study of all 36 PPP contracts at the national level.

End-Dec. 2011

12

Prepare a report on SOEs based on forecast financial statements assessing their financial
prospects, potential government exposure, and scope for orderly privatization.

End-Feb. 2012

13

Revise and submit to Parliament the draft regional public finance law. 4/

62
ATTACHMENT II. PORTUGAL—TECHNICAL MEMORANDUM OF UNDERSTANDING (TMU)
December 9, 2011
1.
This Technical Memorandum of Understanding (TMU) sets out the understandings
regarding the definitions of the indicators subject to quantitative targets (performance criteria
and indicative targets), specified in the tables annexed to the Memorandum of Economic and
Financial Policies. It also describes the methods to be used in assessing the Program
performance and the information requirements to ensure adequate monitoring of the targets.
We will consult with the EC, the ECB, and the IMF before modifying measures contained in
this letter or adopting new measures that would deviate from the goals of the Program, and
provide the EC, the ECB, and the IMF with the necessary information for Program
monitoring.
2.
For Program purposes, all foreign currency-related assets, liabilities, and flows will be
evaluated at “Program exchange rates” as defined below, with the exception of the items
affecting government fiscal balances, which will be measured at spot exchange rate (i.e., the
rate for immediate delivery) prevailing on the date of the transaction. The Program exchange
rates are those that prevailed on May 5, 2011. In particular, the exchange rates for the
purposes of the Program are set €1 = 1.483 U.S. dollar, €1 = 116.8390 Japanese yen,
€1.09512 = 1 SDR.
3.
For reporting purposes, the MoF and BdP will employ the reporting standards and
templates considered to be appropriate given the transmission of data covered by this TMU,
unless otherwise stated or agreed with the EC, the ECB and the IMF.
General Government
4.
Definition: For the purposes of the Program, the General Government, as defined in
the Budget Framework Law, Law No. 91/2001 of August 20, amended by Law 22/2011 of
May 20, includes:




4.1. The Central Government. This includes:
o

4.1.1. The entities covered under the State Budget, which covers the budgets of
the Central Administration, including the agencies and services that are not
administratively and financially autonomous, agencies and services that are
administratively and financially autonomous (Serviços e Fundos Autónomos –
SFA).

o

4.1.2. Other entities, including Incorporated State-owned enterprises (ISOE),
or extra-budgetary funds (EBF) not part of the State Budget, but which are,
under the European System of Accounts (ESA95) and ESA95 Manual on
Government Deficit and Debt rules, classified by the National Statistical
Institute (INE) as part of the Central Government.

4.2. Regional and Local Governments, that include:

63
o

4.2.1. Regional Governments of Madeira and Azores and Local Governments
(Administrações Regionais and Locais);

o

4.2.2. Regional and local government-owned enterprises or companies,
foundations, cooperatives and other agencies and institutions, which are, under
the ESA95 and ESA95 Manual on Government Deficit and Debt rules,
classified by the INE as Local Government.



4.3. Social Security Funds comprising all funds that are established in the general
social security system.



This definition of General Government also includes any new funds, or other special
budgetary and extra budgetary programs or entities that may be created during the
Program period to carry out operations of a fiscal nature and which are, under the
ESA95 and ESA95 Manual on Government Deficit and Debt rules, classified by the
INE in the correspondent subsector. The MoF will inform the EC, ECB, and IMF of
the creation of any such new funds, programs, entities or operations at the time of its
creation or statistical re-classification or, in the case of Regional and Local
Governments, at the time the Government acknowledges its creation.



The General Government, as measured for purposes of Program monitoring in 2011,
shall not include entities nor operations that are re-classified into General Government
during the remainder of 2011.1 In 2012, it shall not include entities or operations
(including pension funds) that are re-classified into General Government during 2012,
but shall include those reclassified in 2011.2

5.

Supporting Material



5.1. Data on cash balances of the State Budget will be provided to the EC, the ECB
and the IMF by the MoF within three weeks after the end of the month. Data will
include detailed information on revenue and expenditure items, in line with monthly
reports that are published by the MoF.



5.2. Data on the cash balances of the other parts of General Government as defined
in paragraph 43 will be provided to the EC, the ECB and the IMF by the MoF within
seven weeks after the end of the month. Data will include detailed information on

1
An operation refers to part of a legal entity that is involved in the production or delivery of goods and
services—including government services provided on a nonmarket basis. As such, it does not include
transactions relating to the assets or liabilities of an entity. For example, should an entity handle a number of
PPPs, reclassifying only one PPP would be considered as reclassifying an operation. In contrast, taking over part
of an entity’s debt by the government would not qualify for the exclusion.
2

3

On this issue, see also paragraph 13.

In 2011, data exclude regional and local government-owned enterprises or companies, foundations,
cooperatives and other agencies and institutions, which are, under the ESA95 and ESA95 Manual on
Government Deficit and Debt rules, classified by the INE as Local Government, i.e., entities referred in
paragraph 4.2.2.

64
revenue and expenditure items. Data will also include detailed information on PPPrelated revenues and expenditures for those PPP reclassified within the General
Government sector according to ESA 95, and called guarantees.
ď&#x201A;ˇ

5.3. Data on domestic and external debt redemptions (securities), new domestic and
external debt issuance (securities), change in the domestic and foreign currency assets
and liabilities of the Central Government at the BdP and other financial institutions
will be provided to the EC, the ECB, and the IMF by the BdP within 40 days after the
closing of each month.

ď&#x201A;ˇ

5.4. BdP will provide to the EC, the ECB, and the IMF detailed monthly data on
the financing of the General Government, as defined in ESA95, within seven weeks
after the closing of each month.
I. QUANTITATIVE PERFORMANCE CRITERIA, INDICATIVE CEILINGS, AND CONTINUOUS
PERFORMANCE CRITERIA: DEFINITIONS AND REPORTING STANDARDS
A. Floor on the Consolidated General Government Cash Balance (Performance
Criterion)

6.
Definition: The consolidated General Government cash balance (CGGCB) is defined
as the sum of the cash balances of the entities covered by the State Budget, the ISOE, the
Regional and Local Governments, and the Social Security Funds, and other entities and EBFs,
as defined in paragraph 4. Privatization receipts will be excluded from cash receipts. In 2012
and beyond, revenues from the reclassification of pension funds into the general government
will not be accounted for as cash revenues for the purpose of the calculation of the
consolidated general government cash balance. The net acquisition of financial assets for
policy purposes, including loans and equity participation will be recorded as cash
expenditures, except for transactions related to the banking sector support and restructuring
strategy under the Program. Called guarantees (excluding those related to the banking sector
support and restructuring strategy), where entities of the General Government make cash
payments on behalf of entities that are not part of the General Government, will be recorded
as cash expenditures.
6.1.

The cash balance of the State Budget. The cash balance of the State Budget will be
measured from above the line, based on budget revenues (recurrent revenue plus
nonrecurrent revenue, including EU revenues, minus tax refunds) minus budget
expenditures of the State Budget as published monthly on the official website of the
DGO of the MoF, and in line with the corresponding line items established in the State
Budget. Budget expenditures will exclude amortization payments but include salaries
and other payments to staff and pensions; grants to Social Security Funds, medical
care and social protection; operational and other expenditure, interest payments; cash
payments for military equipment procurement; and EU expenses.

6.2.

The cash balance of the Regional and Local Governments, Social Security Funds,
ISOE and other entities or EBFs. The cash balance of each of these parts of the
General Government will be measured from above the line, based on revenues minus

65
expenditures as it will be provided by the DGO of the MoF in the monthly General
Government budget execution report (see Para 5), and in line with the corresponding
line items established in their respective budgets. All entities including ISOE that
prepare accrual-based financial statements will submit monthly cash flow statement in
accordance with form and content specified by the MoF. The reporting by Local
Government will be phased as set out in paragraph 8 below.
6.3.

The change in the stock of arrears of all entities of the General Government. The
stock of arrears, defined according to the definition below, as at June 30, 2011 will be
measured through a survey. From September 2011 onwards reports on the stock of
arrears of the General Government will be published monthly. Data will be in line
with the monthly publications of State Budget arrears, published on the MoF website.

6.4.

Adjustor. If in IMF/EC/ECBâ&#x20AC;&#x2122;s staff judgment (based on assessment during the third
review) there are sufficient safeguards to prevent further accumulation of arrears and
that part of the remaining funds (available after meeting the 2011 deficit target) from
the envisaged 2011 banks pension fund transfer may be used to settle domestic arrears,
the following adjuster will apply. The 2012 quarterly floors on the consolidated
general government cash balance, as well as the accrual government balance
objectives, will be adjusted, if necessary, by the amount of arrears to be cleared.

Other provisions
7.
For the purpose of the program, the expenditure of the central government that is
monitored excludes payments related to bank support, when carried out under the programâ&#x20AC;&#x2122;s
banking sector and restructuring strategy. However, any financial operation by central
government to support banks, including the issuance of guarantees or provision of liquidity,
will be immediately reported to the EC, ECB, and IMF.
8.
Quarterly consolidated accounts for the General Government on a cash basis will be
reported for internal, EC, ECB, and IMF monitoring 7 weeks after the reference period,
starting with the first quarter of 2012. The reports will be published externally starting with
December 2011 data. SOEs will be consolidated with the general government accounts
starting with the first quarter 2012. The larger municipalities (defined as those with a
population of 100,000 voters or more) are required to provide monthly reports under current
arrangements, and their cash balance will be included in the calculation of the monthly cash
General Government balance. The cash balance of the smaller municipalities, i.e. those with a
population of under 100,000 voters, will be excluded until any necessary legal changes
requiring them to provide monthly reports have been put in place. In this transitory period, the
MoF will provide a monthly estimate of the cash balance of these smaller municipalities
excluded from the General Government reports to the EC, the ECB, and the IMF.
9.

Supporting material.

9.1.

Data on cash balances of the State Government, ISOEs, Regional and Local
Government and Social Security Funds will be provided to the EC, the ECB and the
IMF by the MoF within seven weeks after the end of each month. The information

66
provided will include general government net acquisitions of financial assets for
policy purposes, including loans and equity participations, as well as called guarantees
where entities that are part of the General Government make cash payments on behalf
of entities that are not part of the General Government.
9.2.

The MoF will submit quarterly data on General Government accounts determined by
the INE in accordance with ESA 95 rules, showing also the main items of the
transition from cash balances to the General Government balances in national
accounts. The reconciliation will be accompanied by necessary explanatory materials
for any indication of potential deviation of the annual general government cash target
from the annual general government accrual target determined in accordance with
ESA 95 rules.
B. Non-Accumulation of New Domestic Arrears by the General Government
(Continuous Indicative Target)

10.
Definitions. Commitment, liabilities, payables/creditors, and arrears can arise in
respect of all types of expenditure. These include employment costs, utilities, transfer
payments, interest, goods and services and capital expenditure. Commitments are explicit or
implicit agreements to make payment(s) to another party in exchange for that party supplying
goods and services or fulfilling other conditions. Commitments can be for specific goods and
services and arise when a formal action is taken by a government agency, e.g., issuance of a
purchase order or signing a contract. Commitment can also be of a continuing nature that
require a series of payments over an indeterminate period of time and may or may not involve
a contract, e.g. salaries, utilities, and entitlement payments. Liabilities are present obligations
of the entity arising from past events, the settlement of which is expected to result in an
outflow from the entity of resources (usually cash) embodying economic benefits or service
potential. In relation to commitment, the liability arises when a third party satisfies the terms
of the contract or similar arrangement. Payables/creditors are a subset of liabilities. For the
purposes of the program payables/creditors exclude provisions and accrued liabilities. Arrears
are a subset of payables/creditors. For the purposes of the Program domestic arrears are
defined as payables/creditors that have remained unpaid for 90 days or more beyond any
specified due date (regardless of any contractual grace period). In case no due date is
specified, arrears are defined as payables/creditors that have remained unpaid for 90 days or
more after the date of the invoice or contract. Data on arrears will be provided within seven
weeks after the end of each month. The continuous indicative target of non-accumulation of
new domestic arrears requires that the total arrears at the end of any month are not greater
than the corresponding total at the end of the previous monthâ&#x20AC;&#x201D;based on the same perimeter
with respect to the entities covered. Furthermore, in line with quantitative targets to be
established at the time of the first review, the existing stock of arrears will be settled or
otherwise reduced. This also includes arrears that are being accumulated by the SOEs not
includes in the General Government under ESA95 and ESA95 Manual on Government
Deficit and Debt rules classification.
11.
Supporting material. The MoF will provide consistent data on monthly expenditure
arrears of the General Government, as defined above. Data will be provided within seven

67
weeks after the end of each month and will include total arrears classified by the different
constituent sectors of the General Government sub-sector as defined in paragraph 4.
C. Ceiling on the Overall Stock of General Government Debt (Performance Criterion)
12.
Definition. The overall stock of General Government debt will refer to the definition
established by Council Regulation (EC) No 479/2009 of 25 May 2009 on the application of
the Protocol on the Excessive Deficit Procedure annexed to the Treaty establishing the
European Community. For the purposes of the Program, the stock of General Government
debt will exclude: (i) debt contracted for bank restructuring, when carried out under the
Program’s banking sector support and restructuring strategy; (ii) IGCP deposits; and
(iii) (from end-September 2011) the ‘prepaid margin’ on all EFSF loans.
13.
Adjusters. For 2011, the ceiling of the overall stock of General Government debt will
be adjusted upward (downward) by the amount of any upward (downward) revision to the
stock at end-December 2010 general government debt of EUR160.47 billion. From 2012
onwards, the ceiling of the overall stock of General Government debt will be adjusted upward
(downward) by the amount of any upward (downward) reclassification of entities or
operations that affects the stock at end-December of the previous year.
14.
Supporting material. Quarterly data on the total stock of General Government debt
as defined in paragraph 12 will be provided to the EC, ECB and IMF by the BdP no later than
90 days after the end of each quarter, as reported to the ECB and the Eurostat. Monthly
estimates will be provided to the EC, ECB and IMF by BdP no later than seven weeks after
the end of each month.
D. Non-Accumulation of New External Debt Payments Arrears by the General
Government (Continuous Performance Criterion)
15.
Definition. For the purposes of the Program, the definition of debt is the same as in
paragraph 12. An external debt payment arrear will be defined as a payment on debt to
nonresidents, contracted or guaranteed by the general government, which has not been made
within seven days after falling due (taking into account any applicable contractual grace
period). The performance criterion will apply on a continuous basis throughout the Program
period.
16.
Supporting material. Any external debt payment arrears of the General Government
will be immediately reported by the MoF.
E. Bank Solvency Support Facility
17.
€1 billion has been provided in cash and is made available in a separate dedicated
account to be set up at the Bank of Portugal by end-June 2011. Future amounts for the bank
support fund will be deposited into the dedicated account to the extent that there is a need for
bank capital.

68
F. Overall Monitoring and Reporting Requirements
18.
Performance under the Program will be monitored from data supplied to the EC, the
ECB, and the IMF by the MoF and BdP. The authorities will transmit to the EC, ECB, and
IMF any data revisions in a timely manner.

69
APPENDIX III. PORTUGAL—LETTER OF INTENT
Lisboa, December 9, 2011
Mr. Jean-Claude Juncker
President
Eurogroup
Mr. Jan Vincent Rostowski
Minister of Finance
Poland
Mr. Olli Rehn
Vice President
European Commission
Mr. Mario Draghi
President
European Central Bank
Dear Sirs,
1.
The Council granted financial assistance to Portugal (Council Implementing Decision
2011/344/EU of 17 May 2011) in support of our comprehensive adjustment and reform
programme as laid down in the Memorandum of Economic and Financial Policies (MEFP)
and in the Memorandum of Understanding on Specific Economic Policy Conditionality
(MoU). In the attached update we describe progress and additional policy steps towards
meeting the objectives of our economic programme.
2.
Policy implementation is broadly on track. In particular, we believe that the recent
adoption of a bold and comprehensive 2012 budget will decisively set public finances on a
sustainable path and bolster market confidence in our programme. All the quarterly
quantitative performance criteria for the second review were met, along with the continuous
criterion on external arrears. However, our end-September indicative target on the nonaccumulation of new domestic arrears by the general government was breached. As a
corrective measure, to avoid further arrears accumulation, we are strengthening commitment
controls and ensuring adequate budgetary allocations to the health sector.
3.
Expenditure overruns and the materialization of fiscal risks have complicated the
attainment of the end-2011 fiscal deficit target. However, we intend to meet the target through
a partial transfer of bank pension funds to the social security system—a one-off revenue item.
4.
Fiscal-structural reform is addressing deep-seated challenges with expenditure control.
To this end, we are strengthening public financial management, halting new PPP contracts,
fundamentally restructuring the SOE sector and limiting further debt increases, and reforming
revenue administration and the health sector. We are also revising our inter-governmental
fiscal framework to enhance fiscal responsibility. We will require a statement of affairs for
Madeira ahead of a financial arrangement with the region.
5.
Our commitment to support financial system stability remains unchanged. Banks’
deleveraging is progressing, and we will continue to ensure that funding plans are consistent
with the level of credit implied by the programme’s macroeconomic framework. The legal

70
framework for temporary capital increase of viable banks will be significantly improved by
early 2012 with a view to ensuring financial stability while protecting tax payers. The
structural benchmark on amending legislation to strengthen the early intervention framework
and adopting the new bank resolution framework will be met by year-end.
6.
Our ambitious structural reform agenda to foster higher and sustainable growth is on
track, although we did not implement a fiscal devaluation given the large fiscal consolidation.
We are working to give firms the flexibility to respond to changing demand conditions
without disruptive changes in employment, which is particularly important in the current
adjustment process . We are continuing to advance legislation and practices to enhance the
competition framework and facilitate market entry. We are also making progress on the other
structural reforms foreseen in the programme, including the energy, telecommunication and
services sector, of the housing market and of the judicial system. We remain committed to an
ambitious and frontloaded structural reform agenda to support the rebalancing of the
economy.
7.
On the basis of the policies defined in this letter, we request completion of the second
review under the Economic Adjustment Programme. The attached MEFP and MoU propose
new structural benchmarks relating to the fiscal area (reforming the regional finance law,
assessing PPPs, and priority elements of SOE restructuring plans), structural reform
(developing a proposal to correct excessive rents in energy markets), the banking sector (the
rules governing the provision of public capital to banks), and the judicial process.
8.
We remain confident that the policies described in the previous MEFPs and MoU and
in the attached updates are sufficient to achieve the objectives under the programme. We
stand ready to take additional measures that may be needed to meet the objectives of the
economic programme and will consult with the European Commission, the ECB, and the IMF
in advance of any necessary revisions to the policies contained in this letter and attached
Memorandum.
9.

This letter is copied to Ms. Christine Lagarde.

Sincerely yours,

/s/
________________________
VĂ­tor Gaspar
Minister of State and Finance

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ATTACHMENT I. PORTUGAL—MEMORANDUM OF UNDERSTANDING ON SPECIFIC
ECONOMIC POLICY CONDITIONALITY
Second Update—December 9, 2011
With regard to Council Regulation (EU) n° 407/2010 of 11 May 2010 establishing a
European Financial Stabilisation Mechanism (EFSM), and in particular Article 3(5) thereof,
the second update of the Memorandum of Understanding on specific economic policy
conditionality (MoU) details the general economic policy conditions as embedded in Council
Implementing Decision 2011/344/EU of 17 May 2011 on granting Union financial assistance
to Portugal.1
The first disbursement of financial assistance from the EFSM took place following the entry
into force of the MoU and of the Loan Agreement.
The Council Implementing Decision specifies that the release of further instalments is
conditional on a positive conclusion of the reviews of conditionality that will take place
throughout the three-year duration of the programme. These reviews will assess progress
made with respect to the policy criteria in the Council Implementing Decision and specified
in the Memorandum of Economic and Financial Policies (MEFP) and in this updated MoU,
as well as Council Recommendations in the context of the Excessive Deficit Procedure.
The second quarterly review was carried out in November 2011. It assessed compliance with
the conditions to be met by end-October and the need and scope for additional policy steps.
This second update of the MoU reflects the findings of the second review. The following
reviews taking place in any given quarter will assess compliance with the conditions to be
met by the end of the previous quarter or, where applicable, up to date of the mission.
If targets are missed or expected to be missed, additional action will be taken. The authorities
commit to consult with the European Commission (EC), the European Central Bank (ECB)
and the International Monetary Fund (IMF) on the adoption of policies falling within the
scope of this updated Memorandum, allowing sufficient time for review. Staff of the EC, the
ECB and the IMF will, in cooperation with the Portuguese authorities, monitor and assess
progress in the implementation of the programme and track the economic and financial
situation. To this effect the authorities commit to provide all required information as soon as
1

On 8 April 2011, Eurogroup and ECOFIN Ministers issued a statement clarifying that EU (European
Financial Stabilisation Mechanism) and euro-area (European Financial Stability Facility) financial support
would be provided on the basis of a policy programme supported by strict conditionality and negotiated with the
Portuguese authorities, duly involving the main political parties, by the Commission in liaison with the ECB,
and the IMF. Further to the EU support from the EFSM, loans from the European Financial Stability Facility
(EFSF) will contribute to the financial assistance. The Loan Facility Agreement on the EFSF financing
contribution specifies that the disbursements there under are subject to the compliance with the conditions of
this Memorandum.

72
available. In areas where there are risks of significant delays in the implementation of
policies under this programme the authorities in cooperation with the EC, the ECB and the
IMF consider making use of technical assistance.
Prior to the release of the instalments, the authorities shall provide a compliance report on the
fulfilment of the conditionality.
1. Fiscal policy
Objective
First, reduce the Government deficit to below EUR 10,068 million (equivalent to 5.9 percent
of GDP based on current projections) in 2011 and EUR 7,645 million (4Â˝ percent of GDP)
in 2012. This should allow to reach a deficit target of 3 percent of GDP by 2013. Second,
bring the government debt-to-GDP ratio on a downward path as of 2013. Third, maintain
fiscal consolidation over the medium term up to a balanced budgetary position, notably by
containing expenditure growth. This consolidation will be achieved by means of high-quality
permanent measures and minimising the impact of consolidation on vulnerable groups.
Fiscal policy in 2011
1.1.
The Government will achieve a general government deficit of no more than EUR
10,068 million in 2011 on a European System of Accounts (ESA95) basis. The Government
will also reach the (cumulative) quarterly ceiling for the consolidated General Government
cash balance in the MEFP, as defined in the Technical Memorandum of Understanding
(TMU). [Q4-2011]
1.2.
With the information available as of early November, the Government has estimated
a shortfall for the year 2011 as a whole of some 2Âź percent of GDP before the consideration
of any corrective measure to achieve the 2011 fiscal target on an ESA 95 basis. Excluding
the impact of selling the troubled bank BPN, the shortfall amounts to 2 percent of GDP.2 A
part of this shortfall had already been ascertained by August, while another part has been
identified more recently, including slippages at the level of sales of concessions and real
estate and higher capital spending.
1.3.
The Government took some measures against the emergence of the shortfall, namely,
a one-time surcharge in the context of the personal income tax and an increase in the VAT
rates for natural gas and electricity to the standard rate was brought forward to October 01,
2011.

2

Transactions related to the banking sector support and restructuring strategy under the programme are
excluded from the deficit definition of the Technical Memorandum of Understanding.

73
1.4.
Despite these measures, a large gap remains to meet the General Government target
in 2011. Therefore, already in August the authorities put forward a limited transfer of banks'
pension funds to the Government sector, which were intended to be used exceptionally to
meet the 2011 deficit target. The latest information indicates that the size of these transfers
needs to be some 1.8 percent of GDP, substantially higher than projected in August, to allow
the government to meet the target.3 The Government is committed to transfer the assets of
these pension funds in full compliance with EU state aid rules.
Fiscal policy in 2012
1.5.
The government will achieve a general government deficit of no more than EUR
7,645 million (4Â˝ percent of GDP) in 2012.4 [Q4-2012] The Government has not
implemented the 'fiscal devaluation' as a tool to cut labour costs. The large fiscal
consolidation and the associated risks to the projections of tax bases suggested postponing
the fiscal devaluation to a later stage of the programme when uncertainties are reduced.
Meanwhile, the government has introduced a number of other measures to boost the
competitive position of Portuguese firms.
1.6.
Throughout the year, the government will rigorously implement the Budget Law for
2012. Within the year, progress will be assessed against the (cumulative) quarterly ceilings
for the consolidated General Government cash balance in the MEFP, as defined in the TMU,
without prejudice to full-year ESA-95 deficit targets. [Q1, Q2, Q3 and Q4-2012]
1.7.
The measures listed below, worth 5.3 percent of GDP, when compared with the
estimated outturn for 2011 (and above 6 percent of GDP when compared with a scenario of
unchanged policies), will be carried out with the 2012 Budget Law [Q4-2011], unless
elsewhere specified. Overall, expenditure reduction accounts for two thirds of that fiscal
effort and revenue increases for one third. In addition, the Government will aim at reversing
the expenditure overruns recorded in 2011.

3

In order to meet the government deficit on an ESA95 basis. Excluding transactions related to the banking
sector support and restructuring strategy under the programme as foreseen in the Technical Memorandum of
Understanding, the size of the needed transfers would be 1.6 percent of GDP as the costs related to the sale of
the troubled bank BPN are excluded.

4

In 2012, operations related to the banking sector support and restructuring strategy under the programme and
lump-sum revenues from transfers of pension funds to the government sector will not be considered for the
assessment of compliance with the programme target for the general government deficit. Conversely, if during
the third review there is an agreement that there are sufficient safeguards to prevent further accumulation of
arrears and that part of the remaining funds (after meeting the 2011 deficit target) from the envisaged 2011
banks pension transfer may be used to settle domestic arrears, the accrual government balance objectives may
be adjusted, if necessary, by the amount of arrears to be cleared.

74
Expenditure
1.8.
Ensure that the public sector wage bill decreases in gross terms in 2012 by at least
EUR 3,000 million (EUR 1,620 million taking into account the losses of government
revenues at the level of income taxes and social contributions):
i. reduce wages for all general government sector employees in 2012 by (i)
suspending the 13th and 14th monthly salary payments for those workers with
monthly salaries of EUR 1,000 or more, (ii) suspending on average and in a
progressive way the equivalent of one of those two salaries for those workers
with monthly salaries between the minimum wage of EUR 485 and EUR 1,000.
Similar measures will apply to all SOEs classified inside and outside the
perimeter of the government sector, and in any other public entity even if falling
outside the perimeter of the government sector;5
ii.

reduce the number of government employees by (i) limiting staff admissions in
order to achieve annual decreases of 2% (full-time equivalent) in 2012-2014 in
the permanent staff of central, regional and local governments, (ii) decreasing
the number of temporary positions in specific areas of public administration. To
support these objectives, binding numeric targets for staff reductions per main
area of the administration will be defined by December 2011;

savings from the public administration restructuring on the basis of the
measures presented below under 'Public administration'.

1.9.
Reduce pension expenditure in gross terms in 2012 by at least EUR 1,260 million
(EUR 950 million taking into account the losses of government revenues at the level of
income taxes): by (i) suspending the 13th and 14th monthly payments for those pensioners
with monthly pension benefits of EUR 1000 or more, (ii) suspending on average and in a
progressive way the equivalent of one of those monthly benefits for those with monthly
pension benefits between EUR 485 and EUR 1000. The pensions of those receiving benefits
below EUR 485 will be frozen and the lowest pensions will be marginally increased. In case

5

The discussion in Parliament of the 2012 Budget Law has led to a change in the salary threshold to EUR 1,100
for suspending both the 13th and 14th monthly salaries, and to between EUR 600 and EUR 1,100 for
implementing the progressive suspension. The change has been done in a budgetary neutral way, financed
through an increase in the tax rate applicable to capital gains and investment income (e.g. dividends and interest
payments) from 21.5% to 25%.

75
a pensioner receives more than one pension, the consolidated pension income will be
considered for the application of the thresholds defined here. These rules will also apply to
subventions or subsidies paid by the government that take the nature of pensions even if
designed otherwise.6
1.10. Control costs in health sector on the basis of detailed measures listed below under
'Health-care system', achieving savings worth some EUR 1000 million.
1.11. Reduce costs with SOEs classified inside the perimeter of the general government on
a ESA95 basis with the aim of saving at least EUR 500 million by means of:
i.

sustaining an average permanent reduction in operating costs by at least 15%;

ii.

tightening compensation schemes and fringe benefits in line with the rest of the
government sector;

iii.

rationalising investment plans for the medium term. The increase in EU cofinancing rates allowed for countries under an Economic Adjustment
Programme and a re-programming of EU funds in the context of the current
National Strategic Reference Framework (NSRF) will also give a contribution
to this end;

iv.

SOEs will also relieve pressure on government accounts by raising their revenue
coming from market activities, including by raising tariffs and prices.

1.12. Reduce costs in the area of education, with the aim of saving EUR 380 million by
rationalising the school network including by creating school clusters; lowering staff needs;
centralising procurement; and reducing and rationalising transfers to private schools in
association agreements and making a more intensive use of EU funds to finance activities in
the area of education.
1.13. Reduce capital expenditure by EUR 200 million by prioritising investment projects
and making more intensive use of funding opportunities provided by EU structural funds.
The increase in EU co-financing rates allowed for countries under an Economic Adjustment
Programme and a re-programming of EU funds in the context of the current National
Strategic Reference Framework (NSRF) will give an important contribution to this end.
1.14. Reduce cash social transfers (other than pensions) by at least EUR 180 million by
tightening eligibility criteria and decreasing average benefits in selected cases.
1.15. Reduce transfers to local and regional authorities by at least EUR 175 million with a
view to having these subsectors contributing to fiscal consolidation.
6

The discussion in Parliament of the 2012 Budget Law has led to a change in the pension threshold to EUR
1,100 for suspending both the 13th and 14th monthly payments, and to between EUR 600 and EUR 1,100 for
implementing the progressive suspension. The change has been done in a budgetary neutral way, financed
through an increase in the tax rate applicable to capital gains and investment income (e.g. dividends and interest
payments) from 21.5% to 25%.

76
1.16. Improve the working of the central administration by increasing efficiency, reducing
and eliminating services that do not represent a cost-effective use of public money. This
should yield annual savings worth at least EUR 130 million. Detailed plans will be presented
by the Portuguese authorities by Q1-2012; the budgetary impacts will spread beyond 2012.
To this end, the government will:
i.

reduce the number of services while maintaining quality of provision;

ii.

create a single revenue administration and promote services' sharing between
different parts of general government;

iii.

reorganise the provision of central administration services at local level and
regularly assess the value for money of the various public services;

iv.

promote mobility of staff in central, regional and local administrations;

v.

reduce transfers from the state to public bodies and other entities;

vi.

revise compensation schemes and fringe benefits in public bodies and entities
that independently set their own remuneration schemes;

vii.

reduce subsidies to private producers of goods and services.

1.17. Reduce costs in other public bodies and entities and in transfers and subsidies to
SOEs classified outside the perimeter of the general government on a ESA95 basis by at least
EUR 90 million. These SOEs at the level of central, regional will carry out adjustment efforts
similar to those SOEs classified inside the perimeter of the general government on a ESA95
basis as listed above, namely by: rationalising investment plans for the medium term;
sustaining an average permanent reduction in operating costs by at least 15%; tightening
compensation schemes and fringe benefits; increasing revenues from market activities,
including by raising tariffs and prices charged. These adjustments will also be instrumental to
contain risks that the financial situation of some of these SOEs put to government accounts in
2012 and beyond.
Revenue
1.18. Introduction of a standstill rule to all tax expenditure, blocking the creation of new
items of tax expenditure and the enlargement of existing items. The rule will apply to all
kinds of tax expenditure, of a temporary or permanent nature, at the central, regional or local
level.
1.19. Raise VAT revenues through an increase in the efficiency of the VAT structure with a
yield of at least EUR 2,040 million in 2012. This will be done by moving categories of goods
and services from the reduced and intermediate VAT rates to higher ones. This includes the
additional impact of the increase in the VAT rate for natural gas and electricity to the
standard rate introduced in October 2011.

77
1.20. Increase personal income taxes with a yield of at least EUR 265 million in 2012
(taking into account the losses of revenues as result of the reductions of public wages and
pension incomes listed under 1.8 and 1.9 above) by:
i. capping and cutting substantially (by two thirds overall) tax allowances for health
expenditure;
ii. (i) eliminating the deductibility of mortgage principal; (ii) eliminating interest
income deductibility for new mortgages; (iii) phasing out the deductibility of
mortgage interest payments for owner-occupied housing and of rents;
iii. harmonising personal income tax deductions applied to pensions and labour
income;
iv. capping the maximum deductible tax allowances according to tax bracket for
most of the income brackets except the bottom two with lower caps applied to
higher incomes and a zero cap for the two highest income brackets;
v. revising the taxation of income in kind;
vi. introducing a surcharge on the income of the top tax bracket and increasing the tax
rate on capital gains.
vii. The one-time surcharge in the context of the personal income tax in 2011 that will be
collected in 2012.
1.21.

Increase corporate tax revenues by at least EUR 330 million in 2012 by:
i. abolishing all reduced corporate income tax rates;
ii. limiting the deductions of losses in previous years to 75% of the taxpayer's
taxable profit;
iii. curbing tax benefits;
iv. increasing the rates and the basis of the state surcharge on corporate profits.

1.23. Change property taxation to raise revenue by at least EUR 50 million by reducing
substantially the temporary exemptions for owner-occupied dwellings acquired as of 2012
and by increasing rates.
1.24. Increase efforts to fight tax evasion, fraud and informality to raise revenue by at least
EUR 175 million for various types of taxes inter alia by increasing means available for
audits, increasing penalties for the most serious tax crimes and introducing electronicallytransmitted invoices.

78
Fiscal policy in 2013
1.25. The government will achieve a general government deficit of 3 percent of GDP or
below. [Q4-2013]
1.26. Throughout the year, the government will rigorously implement the Budget Law for
2013. Within the year, progress will be assessed against the (cumulative) quarterly ceilings
for the consolidated General Government cash balance in the Memorandum of Economic and
Financial Policies (MEFP), as defined in the Technical Memorandum of Understanding
(TMU), without prejudice to full-year ESA-95 deficit targets. [Q1, Q2, Q3 and Q4-2013]
1.27. The measures listed below will be detailed and carried out with the 2013 Budget Law
[Q4-2012], unless otherwise specified:
Expenditure
1.28. Further measures introduced in the 2012 Budget Law with a view to reducing
expenditure in the area of:
i. central administration functioning: EUR 500 million. Detailed plans will be
presented and assessed [Q3-2012];
ii. wage bill: decrease of 2% (full-time equivalent) in the permanent staff of central,
regional and local governments and decrease the number of temporary positions
in specific areas of public administration;
iii. health sector: EUR 375 million;
iv. capital expenditure: EUR 350 million;
v. transfers to local and regional authorities: EUR 175 million;
vi. education and school network rationalisation: EUR 175 million;
vii. costs in other public bodies and entities, and in SOEs: EUR 175 million;
viii. health benefits schemes for government employees: EUR 100 million.
ix. freeze wages and pensions except for the lowest pensions.
1.29. In addition, the government will extend the use of means testing and better target
social support achieving a reduction in social benefits expenditure of at least EUR 250
million. Social transfers will also decline following the implementation of the measures on
unemployment insurance listed below under 'Labour market and education'.
Revenue
1.30. Further measures introduced in 2012 Budget Law, leading to extra revenue in the
following areas:
i. personal income tax benefits and tax deductions: EUR 175 million;

79
ii. broaden corporate tax bases and reduce tax benefits and tax deductions: EUR 150
million;
iii. excise taxes: EUR 150 million.
1.31. Update the notional property value of all real estate assets for tax purposes to raise
revenue by at least EUR 250 million in 2013. Transfers from the central to local governments
will be reviewed to ensure that the additional revenues are fully used for fiscal consolidation.
Fiscal policy in 2014
1.32. The government will aim at achieving a general government deficit in 2014 in line
with the Medium-Term Fiscal Strategy defined in August 2011. The necessary measures will
be defined in the 2014 Budget Law. [Q4-2013]
1.33. Within the year, progress will be assessed against the (cumulative) quarterly ceilings
for the consolidated General Government cash balance in the Memorandum of Economic and
Financial Policies (MEFP), as defined in the Technical Memorandum of Understanding
(TMU), without prejudice to full-year ESA-95 deficit targets. [Q1 and Q2-2014]
With the 2014 Budget Law, the Government will further deepen the measures introduced in
the 2012 and 2013 with a view in particular to broadening tax bases and moderating primary
expenditure to achieve a declining ratio of government expenditure over GDP.
2. Financial sector regulation and supervision
Objectives
Preserve financial sector stability; maintain liquidity and support a balanced and orderly
deleveraging in the banking sector; ensure adequate financing and working capital for the
productive sectors; strengthen banking regulation and supervision; bring closure to the Banco
Portugu锚s de Neg贸cios case and streamline state-owned Caixa Geral de Dep贸sitos;
strengthen the bank resolution framework and reinforce the Deposit Guarantee Fund and the
Guarantee Fund for Mutual Agricultural Credit Institutions; reinforce the corporate and
household insolvency frameworks; ensure the planned pension fund transfer from the
banking sector into the social security system is done under conditions that are actuarially
fair to all partners and the state.
Maintaining liquidity in the banking sector
2.1.
Encourage banks to strengthen their collateral buffers on a sustainable basis. The
Banco de Portugal (BdP), in close cooperation with the ECB, will continue to monitor
closely the liquidity situation of the banking system and stands ready to take the appropriate
measures to maintain sufficient system liquidity. Monitor the issuance of the government
guaranteed bank bonds, which has been authorised up to EUR 35 billion in line with the EU
State aid rules. [Ongoing]

80
Deleveraging in the banking sector
2.2.
The banking system should eliminate its funding imbalances, with a view to reducing
its high dependence on Euro system liquidity, as planned. Monitor the banks' implementation
of the funding plans aiming at a loan-to-deposit ratio of about 120% in 2014. The pace and
composition of deleveraging should not jeopardise the provision of appropriate credit to
finance productive investment and working capital in the private sectors of the economy, not
least SMEs. Fiscal adjustment and an attendant reduction in the public sectorâ&#x20AC;&#x2122;s financing are
crucial for reconciling potentially conflicting objectives. Continue to monitor credit market
developments closely and the periodic revisions of the medium-term funding plans will
provide a tool for ensuring that the necessary deleveraging takes place in an orderly manner,
consistent with the macroeconomic framework of the programme. [Ongoing]
Pension fund transfer
2.3.
Ensure that the partial transfer of the banksâ&#x20AC;&#x2122; pension plans to the social security
system will be done under balanced conditions. Only the assets/liabilities relating to the
already retired bank employees will be transferred in 2011. The interest of all stakeholders,
including the taxpayer, will be protected by ensuring that the pension liabilities and
corresponding assets are taken over at a fair value, also respecting EU competition and state
aid law [Q4-2011]. Additional capital requirements resulting from this transfer will be sought
from private sources, as in other upcoming recapitalization efforts. However, if necessary,
help will be offered to banks to cover the loss and impact on capital by using part of the
transfer itself and acquire common equity in banks. This would eliminate the need to use
funding under the programme for bank recapitalisation. The remainder of the transferred
funds will be deposited in a blocked account until the completion of the third review7.
Capital buffers
2.4.
BdP will follow closely the plans the banks presented to reach a core Tier 1 capital
ratio of 9 percent by Q4-2011 and 10 percent at the latest by Q4-2012.
2.5.
In addition to the targets and deadlines set under the program for Q4-2011, which
banks are on track to meet from private sources, further strengthen the banks' capital
position. The capital exercise announced by the European Banking Authority (EBA) on
October 26, including a new temporary buffer for sovereign exposures, requires substantial
additional bank capital. Still more capital will be needed as a result of the planned partial
transfer of banks' private pension plans as well as from the special on-site inspections
program (SIP).
7

As soon as the details of the transfer are defined, and no later than before the third quarterly review, the
Government will present the estimated budgetary impact of this transfer over the programme period and
corrective measures in case the transfer leads to gaps in and risks to government deficits.

81
2.6.
The BdP will request banks to present plans to augment their capital. In addition to
the EBA requirements in this field, banks will provide plans by end-February 2012 on how
they intend to meet all their capital needs and the applicable deadlines, including their
possible need for public capital. For the pension plan transfers and the SIP, the deadline for
providing the capital will be the same as for the EBA exercise, namely by Q2-2012. In the
meantime, the impact of the pension plan transfers and of SIP on their Q4-2011 regulatory
capital ratios will be temporarily neutralised.
2.7.
Finalise the rules governing the provision of capital from public sources to banks. The
draft law in the process of approval by Parliament and its implementing legislation are
designed to extend temporary public support to viable banks, under strict conditions and with
strong protection of the interests of the taxpayer. The legislation will ensure that the whole
range of instruments deemed acceptable by the regulators, including EBA, will be available
in Portugal. Whenever a beneficiary bank will cease to comply with the steps and deadlines
agreed under the recapitalisation plan or does not manage to achieve the Core Tier 1
requirements within a time frame established by law, the government will start to exercise its
full ownership rights. The price for shares issued as part of the public support will be in line
with EU guidelines, and will include a sizeable discount to provide a large safety margin for
the taxpayer. In order to avoid that the private shareholders are effectively subsidised by the
public sector, and to enhance the prospects for capital injections, banks will be required to
demonstrate that they have tried everything to achieve the capital increase via private sources
before banks receive any public funds. It will also include increasing incentives for early
repayment. The repurchase price will be based on the issue price plus an accrued
remuneration plus a share of any increase in value. The framework for access to public
capital will be finalised by end-January 20128 and will be consistent with EU state aid rules.
Caixa Geral de Depósitos (CGD)
2.8.
Continue to streamline the state-owned CGD group to increase the capital base of its
banking arm as needed. Additional efforts will be deployed to meet the Core Tier 1 capital
ratio target of 9 percent by end-2011, without relying on the sale of the insurance arm. This
sale is expected to take place in 2012 directly to a final buyer and to contribute to meeting
that year’s additional capital needs. Insofar as these needs cannot be met from internal group
sources, CGD will be provided with government capital support outside of the BSSF.
Monitoring of bank solvency
2.9.
In the context of the assessment exercise planned for the third review, the BdP will
ensure that banks incorporate the available results of the SIP, and the BdP will use the SDAF

8

Structural benchmark in the Memorandum of Economic and Financial Policies.

82
as a top-down benchmark as scheduled. The exercise will be performed in the context of the
last step of the SIP with a three-year horizon and a 6% Core Tier 1 threshold. [Ongoing]
2.10. A scenario is prepared by the BdP and agreed with the EC/ECB/IMF and the quality
of the results will be assessed by all parties. The BdP will continue to monitor on a quarterly
basis the banks’ potential capital needs with a forward looking approach under stress
conditions.
Banking regulation and supervision
2.11. The BdP is asked to continue to strengthen its supervisory capacity, making progress
in widening the ranks of its specialist staff, and establish a new division tasked with the
maintenance of supervisory methodologies and tools, including the dissemination across its
supervisory function of the experiences obtained via the SIP. [Ongoing]
2.12. Publish the new non-performing loans ratio in addition to the current ratio that covers
only overdue loan payments [Q4-2011].
2.13. Remain committed to close coordination with home and host country supervisors,
both within and outside the EU. [Ongoing]
Banco Português de Negócios
2.14. The authorities are asked to conclude the sale, pending a decision by the EC which is
examining, inter alia, the transaction’s legal certainty and to ensure minimum cost to the
Portuguese taxpayer and the economy as a whole, including in relation to financial stability.
The Portuguese government is fully co-operative in these matters with the relevant
authorities. [Ongoing]
2.15. Once a decision by the EU Competition authorities is taken, the CGD’s state
guaranteed claims on BPN and all related special purpose vehicles will be taken over by the
state according to a timetable to be defined at that time. [Ongoing]
Bank resolution framework
2.16. Strengthen the early intervention, resolution, and deposit insurance framework. The
end-November 2011 deadline for the legislative amendments will be met by end-year at the
latest. Enabling legislation to strengthen the framework in these areas has already been
passed by the Parliament and is awaiting promulgation by the President. The Decree Law
implementing the detailed framework will thereafter need to be approved by the Council of
Ministers and promulgated by the President.
2.17. The legislator establishes the legal framework for the resolution fund and further
examines the operational details, including the funding of such a fund and will take into
account the EU Directive on resolution more broadly as soon as it becomes available.
[Ongoing]

83
Corporate and household debt restructuring framework
2.18. Finalise the corporate insolvency law amendments to support better early rescue of
viable firms by end-December 20119. As voluntary out of court restructuring guidelines in
line with international best practices were issued in September.
2.19.

Implement an action plan to raise public awareness of restructuring tools. [Ongoing]

Monitoring of corporate and household indebtedness
2.20. Continue to enhance the monitoring of the high indebtedness of the corporate and
household sectors. The first quarterly monitoring report has been published and will be
further improved concerning its information content.. The work of the task force will
continue on detailing the pressure funding points of companies and households and
suggesting policy action to mitigating them. The Ministry of Economy will, by December
2011, provide the EC/ECB/IMF with an assessment of existing support mechanisms to SMEs
and details of policy measures on financial and non-financial support to this sector.
3. Fiscal-structural measures
Objectives
Improve the efficiency of the public administration by eliminating redundancies, simplifying
procedures and reorganising services; regulate the creation and functioning of all public
entities (e.g. enterprises, Public-Private Partnerships, foundations, associations); re-focus
their activities to core public policy objectives and enhance their cost efficiency and fiscal
sustainability; streamline the budgetary process through the newly approved legal
framework, including by adapting accordingly the budgetary and legal frameworks of
finance; strengthen risk management, accountability, reporting and monitoring of all parts of
the general government. Government action will build on the recommendations provided by
the IMF/EU technical assistance missions that took place in July 2011.
Public Financial Management framework
To strengthen the public financial management framework the Government is taking the
following measures:

9

Structural benchmark in the Memorandum of Economic and Financial Policies.

84
Reporting
3.1. Apply the recently approved standard definition of arrears and commitments at all
levels of general government. [Ongoing]
3.2.
The existing survey of arrears will be covering all general government entities and
SOEs classified outside the general government and all transactions (including employment
costs, utilities, interest costs, transfers to local and regional governments, goods and services,
capital expenditure, and transfers of withheld taxes and social contributions to respective
responsible collection agencies and institutions). Following the survey, the authorities
prepare a consolidated monthly report on arrears for the general government sector to be
published in the monthly budgetary execution bulletin. [Q4-2011]
3.3.
Enhance the existing monthly reporting on budgetary execution on a cash basis for
the general government, on a consolidated basis. The monthly reporting perimeter currently
includes the State, Other public bodies and entities, Social Security, regional and local
governments and it will be progressively expanded, in line with the Technical Memorandum
of Understanding, to include all SOEs and PPPs reclassified within the general government,
regional and local governments. [February 2012]
3.4.
Publish quarterly accounts for State-Owned Enterprises (SOEs) at the latest 45 days
after the end of the quarter. It should start with the 30 largest SOEs that are consolidated in
the general government but as a general rule all SOEs should follow the same reporting
standards. [Q4-2011]
3.5.
Develop intra-annual targets, and corrective measures in case of deviation from
targets, for [Q4-2011]:
i.

internal monthly cash balance, expenditure, revenue targets for the general
government as defined in national accounts;

ii.

public quarterly balance targets for the general government as defined in
national accounts.

3.6.
Implement any changes to the budget execution rules and procedures necessary to
align them with the standard definition of arrears and commitments. The commitment control
procedures will be enforced and where necessary strengthened for all types of expenditure
across the general government including the regional and local administration. All necessary
legislation will be adopted by end-2011 to ensure implementation of the commitment control
procedures in accordance with the instructions issued to general government units in
September 2011. In particular, the draft legislation will ensure:
i.

from 1 January 2012:
o commitments must be controlled against available funds recorded in the
accounting system and evidenced by authorised commitment documents
(â&#x20AC;&#x153;cabimentoâ&#x20AC;?) bearing valid commitment numbers;

85
o all other commitments will be considered illegal and not eligible for
payment; and
o any public official incurring such illegal commitment or expenditure will
be subject to specified penalties in accordance with the budget framework
law;
ii.

systems and procedures will comply, by end-December 2011, with the revised
budget execution rule, as set out in the above instruction;

iii.

the InspecĂ§ĂŁo-Geral de FinanĂ§as (IGF) will carry out regular reviews of the
commitment control system by [Q2-2012].

3.7.
Publish information on: number of general government staff on a quarterly basis (no
later than 45 days after the end of the quarter); stock and flows over the relevant period per
Ministry or employment entity (i.e. new hiring, retirement flows, special mobility condition
flows, and exit to other government service, private sector or unemployment); average wage,
allowances and bonuses. The regional and local administration will transmit the necessary
information. Information on employment in SOEs (central, local and regional) and other
public entities and/or bodies will also be compiled. [Q1-2012]
Monitoring
3.8.
Apply the approved standard definition of contingent liabilities at all levels of
government (central, local and regional). [Ongoing]
3.9.
Publish a comprehensive report on fiscal risks each year as part of the budget. The
report will outline general fiscal risks and specific contingent liabilities to which the general
government may be exposed, including those arising from Public-Private Partnerships
(PPPs), SOEs and explicit guarantees to the banks. This year the fiscal risks report in the
2012 Budget will be enhanced, in cooperation with the EC and IMF staff and published by
Q1-2012.
3.10. Following the inventory on tax expenditures, an annual report on tax expenditures
will be completed by Q1-2012 in cooperation with EC and IMF staff. This tax expenditure
report will be published each year as part of the budget, in line with international best
practices. The report will cover central, regional and local administrations.
Arrears
3.11. The stock of domestic arrears will be significantly reduced by the end of the program
period. To this effect, a strategy for the validation and settlement of arrears for the entities
inside the general government as well as for SOEs classified outside the general government
will be prepared. In this strategy, a roadmap will be provided setting out how and when the
stock of arrears will be stabilised. Moreover, various options of settling arrears will be
explored, providing appropriate incentive mechanisms including the potential of rebates for
early settlements and rewarding entities that no longer accumulate new arrears. [Q4-2011]

86
Budgetary framework
3.12. Publish a fiscal strategy document for the general government annually in April. The
document will be in compliance with the requirements of the 2011 revised Stability and
Growth Pact and specify 4-year medium-term economic and fiscal forecasts and 4-year costs
of new policy decisions. Budgets will include a reconciliation of revisions to the 4 year fiscal
forecasts attributable to policy decisions and parameter revisions e.g. policy decisions,
changes in the macroeconomic environment.
3.13. Following the recommendations of the July 2011 technical assistance mission, ensure
full implementation of the Budgetary Framework Law adopting the necessary legal changes:
[Q4-2011]

3.14.

i.

The general government perimeter will cover the State, Other public bodies
and entities, Social Security, SOEs and PPPs reclassified within the general
government and local and regional administrations.

Regional and local budgetary frameworks
3.15. The Government will ensure that the measures to implement the new budgetary
framework at central government level will also be applied at regional and local level.
Adequate structures of monitoring, fiscal reporting, and commitment control will be put into
place. [Ongoing]
3.16. The budgetary frameworks at local and regional levels will be considerably
strengthened, in line with recommendations by the IMF/EC technical assistance mission of
July 2011. A proposal to revise the regional finance law [Q1-2012]10 and a proposal to revise
the local finance law [Q2-2012] will be submitted to Parliament. A document setting out a
roadmap and the main elements and options for the revision of the laws will be presented to
[Q4-2011]:
i.

10

fully adapt the local and regional budgetary frameworks to the principles and
rules in the revised Budgetary Framework Law, namely in what concerns (i)
the inclusion of all relevant public entities in the perimeter of local and
regional government; (ii) the multi-annual framework with expenditure,

Structural benchmark in the Memorandum of Economic and Financial Policies.

87
budget balance and indebtedness rules, and programme budgeting; and (iii)
the interaction with the function of the Fiscal Council. The revision will also
foresee that: (i) the Fiscal Council reviews local and regional governments
own revenue projections and multi-annual fiscal plans (ii) a contingency
reserve is included under the overall current expenditure envelope as a buffer
against negative revenue surprises or erroneous expenditure planning, and (iii)
the revised legal and institutional PPP framework is applied (see below).
ii.

strengthen fiscal accountability, in particular by: i) tighter financial
requirements for regional and local SOEs and other regional and local public
bodies; ii) a revision of the regime of transfers between the State and the
regions and the local authorities; iii) strengthening the supervisory power from
the State on budgetary execution and iv) apply tighter debt ceilings combined
with the adoption of a multi-tiered monitoring system as suggested by the July
technical assistance mission. This reform should follow international best
practices.

iii.

limit the scope for lower tax rates in the Autonomous Regions vis-Ă -vis the
rates applied in the mainland and ensure that the resulting additional revenues
from increasing the regional rates are used as a priority for fiscal
consolidation.

3.17. The Government will prepare a financial arrangement with the Autonomous Region
of Madeira (RAM) given the significant drag that the region has caused on the Portuguese
public finances and the high level of fiscal risks still remaining [Q4-2011]. Responsibility for
compliance with the measures and objectives laid down under the arrangement will be solely
incumbent upon the RAM pursuant to the regional political autonomy granted under the
Portuguese Constitution. This arrangement will comprise a debt sustainability analysis and
will be designed similarly, and consistent with, the financial program between the Republic
of Portugal and the EC/ECB/IMF. It will include quantified measures for fiscal performance
and structural reforms which are in line with the recommendations set out in the September
Technical Assistance mission. This arrangement will include in particular the following:
i.

the 2012 RAM budget will be fully consistent with the State budget.
Revenues will be increased through a significant reduction of the
differences in rates to the mainland in corporate income tax, personal
income tax and VAT, the introduction of road charging, and an adjustment
of public services tariffs to cost recovery levels. The Fiscal Council will
validate the revenue estimates of the RAM budget. Expenditure will be
reduced according to the measures agreed in this MoU regarding public
sector employment, wages, and administration;

ii.

The central government will exert control of commitments and manage
RAM's debt. All arrears will be audited before any settlement strategy is
implemented.

88
iii.

RAM's SOE sector will be significantly restructured in line with the
requirements of this MoU. Public Private Partnerships will be evaluated
with regard to the legality of contracts and the scope for their renegotiation
identified.

3.18. As a pre-condition for signing the arrangement, the RAM will present a Statement of
Affairs, which will be reviewed by the Republicâ&#x20AC;&#x2122;s authorities and sent to the Court of
Auditors. Until the arrangement has been agreed and its implementation by the RAM budget
started, the Government will closely monitor the execution of the RAM budget, will keep its
transfers to the RAM government suspended, and will not honour any new commercial or
financial debt or guarantees by the RAM government and its SOEs that are not approved by
the Ministry of Finance. [Ongoing]
Public Private Partnerships
Going beyond the obligation to assess the 20 most significant PPP contracts, the authorities
provided an assessment of 36 PPPs and 24 concessions that are under the responsibility of
the central government, projecting future cash flows and risks, showing rapidly increasing
spending pressures that affect, in particular, the financial sustainability of Estradas de
Portugal. These pressures will be reduced by increasing revenues and seeking renegotiation
of contracts. Following this report and before end of December, all PPP contracts with the
exception of statements subject to confidentiality clauses will be published. In particular, the
Government will:
3.19. Commit to not enter into any new PPP agreement before the study results on existing
PPPs and the legal and institutional reforms proposed become available (see below).
[Ongoing]
3.20. Launch a tender, with a view to signing the service contract by March 2012 subject
to legal contingencies associated with the procurement process, to recruit a top tier
international accounting firm to undertake a more detailed study to review PPP contracts of
the central administration in consultation with National Statistical Institute (INE) and the
Ministry of Finance.11 [Q4-2011] The review will identify and, where practicable, quantify
major contingent liabilities and any related amounts that may be payable by the Government.
It will assess the probability of any payments by Government in relation to the contingent
liabilities and quantify such amounts. The study, to be completed three months after the
awarding of the contract, will assess the costs and benefits of renegotiating any PPP or
concession contract to reduce the Government financial obligations.
3.21. In order to ensure a fiscally prudent model, put in place a strengthened legal and
institutional framework, within the Ministry of Finance, for assessing fiscal risks ex-ante of
11

Structural benchmark in the Memorandum of Economic and Financial Policies.

89
engaging into PPP, concessions and other public investments, as well as for monitoring their
execution. The Court of Auditors must be informed of this ex-ante risk assessment.
Technical assistance may be provided if necessary. [Q1-2012] It will be ensured that the
same commitments apply for regional PPPs, and that local governments do not enter into any
PPP contracts. [Ongoing]
3.22. Enhance the annual PPP and concessions report prepared by the Ministry of Finance
with a comprehensive assessment of the fiscal risks stemming from PPPs and concessions.
The report will provide information and analysis at sectoral level. The annual review of PPPs
and concessions will be accompanied by an analysis of credit flows channelled to PPPs
through banks (loans and securities other than shares) by industry and an impact assessment
on credit allocation and crowding out effects. This particular element will be done in liaison
with the Bank of Portugal. [Q2-2012]
State-owned enterprises12
The Government presented in November 2011 a strategy on how to restructure the Stateowned enterprise (SOE) sector with the aim to enhance efficiency, restore its financial
sustainability, and re-focus its activities on core public policy objectives. The strategy will be
implemented with the aim of reducing SOE indebtedness and restructuring to ensure
improved conditions for market financing. The 2012 budget incorporates cost savings
(including the budgeted wage cuts) and tackles the financial burden of the central
government SOEs. However, efforts to reduce operational costs across the sector by 15
percent with respect to 2009 have been met with mixed success. In order to make further
progress in restructuring the SOE sector, while respecting EU competition and state aid rules,
the Government will:
3.23. Fully implement ongoing plans to reduce operational costs of central government
SOEs outside the health care sector by at least 15% on average compared with 2009 by the
end of 2011. Most subsidiaries and shareholdings in non-core activities will be eliminated by
2014. Concrete proposals on these divestments will be included in the report that will assess
SOEâ&#x20AC;&#x2122;s financial prospects, potential government exposure, and scope for orderly
privatization. [February-2012] Equivalent measures will be implemented for local and
regional government SOEs. [Ongoing]
3.24. SOEs with commercial activity will reach operational balance by [Q4-2012]. To this
end the government will implement the comprehensive SOEs strategy by reviewing the tariff
structure and service provision of SOEs, with numerical targets on cost reductions, including
measures to realign wages or reduce employment, and further tariff increases as needed.
Equivalent measures will be implemented for local and regional government SOEs. [Q42012]
12

State-owned enterprises comprise those pertaining to central, local and regional administration.

90
3.25. Growth in SOE indebtedness has been excessive and additional efforts are necessary.
The increase in the overall borrowing requirements of the SOE sector, both inside and
outside general government, will be limited. In parallel with progress towards eliminating
operational deficits, a strategy for managing the heavy debt load of SOEs will be developed,
including the sale of assets in non-core areas of these firms, and in consultation with staff
from EC, ECB and IMF. A new legal framework for SOEs will be submitted to Parliament
by January 2012, which will include the prohibition for SOEs within the general
government to incur new debt with the private sector.13
3.26. Prepare a report reviewing the operations and finances of SOEs at central, regional
and local government levels. The report will assess each company's business financial
prospects, the potential exposure of the government and scope for orderly privatisation. The
government will adopt the necessary legal changes to fulfil this requirement. Technical
assistance will be provided.14 [February 2012]
3.27. Prepare a plan to strengthen governance of SOEs in accordance with international
best practices. The plan will review the existing shareholder approach, giving the Ministry of
Finance a decisive role in financial matters of the enterprises, including in regional and local
SOEs. [Q4-2011]
3.28. The Government will submit to Parliament a draft law to regulate the creation and the
functioning of SOEs at the central level. No additional SOEs will be created until this law is
adopted. The law will enhance the monitoring powers of the central administration over all
SOEs. In addition, the timing and content of financial and operational reporting will be
defined. The decisions adopted at central level to improve the efficiency of the enterprises
while reducing their financial burden will be implemented at all SOEs, taking into account
their specificities. The government will promote the initiatives needed so that the same
objective is achieved by the regions. [Q1-2012]
3.29. The authorities will prepare restructuring plans on local SOEs and the SOEs of each
region by January 2012. As of next year, four annual SOEs reports will be prepared: for
SOEs at central, local and the two regional levels. On the basis of these reports, MoF will
present in its annual July report on SOEs a fiscal risk analysis of all SOEs at central, local
and regional levels, including all liabilities (explicit and implicit). [July-2012]
Privatisation
3.30. The Government is implementing its privatisation programme under the new
framework law for privatisation. The privatisation plan targets front-loaded proceeds of about
â&#x201A;Ź5 billion through the end of the program. Four bidders were selected for the electricity
13

The special case of Estradas de Portugal is still being analysed and may thus be excluded.

14

Structural benchmark in the Memorandum of Economic and Financial Policies.

91
company (EDP), out of a shortlist of 6, and the second phase will be completed before end2011. The financial closing of this privatization will occur in January 2012. As for the
electricity network company (REN), the bidders will be selected and the second phase of the
privatization initiate before end-2011. This transaction shall also be completed by early
2012. Bidders for both privatizations include large international strategic investors. The sale
of GALP and the small remaining stake in REN on the free market have been delayed until
market conditions improve. The complete sale of the railway freight branch (CP Cargo) will
be launched by mid-2012. The privatisation process for Aeroportos de Portugal (ANA) and
the national air carrier (TAP) will be completed in late 2012. The privatisation of Correios de
Portugal (CTT) will be launched in the second half of 2012 in order to complete the sale in
early 2013. The partial sale of a public television channel (RTP) and Aguas de Portugal
(AdP), and concessions for transport operators in Lisbon and Porto upon completion of
restructuring of the public transport firms in these cities are being considered. The direct sale
of CGD's insurance arm (Caixa Seguros) to a final buyer is expected to take place in 2012.
3.31. A strategy for Parpublica will be prepared, given that its sources of income will be
affected by privatisation. [Q4-2011] The strategy will reconsider the role of Parpublica as a
public company, including eliminating the obligation to remit the proceeds of the sale of
assets to the Treasury in return for new assets, and considering the possibility of winding
down the company or consolidating it with the general government. In the interim, the
government will ensure that Parpublica will have sufficient income-generating assets to
manage its debt and financing needs. The process of winding down Parpublica will begin in
2013.
3.32. In order to identify the scope for further privatisation, the Government will prepare an
inventory of assets, including real estate, owned by municipalities and regional governments.
[Q2-2012]
Revenue administration
3.33. The Government will merge the tax administration, customs administration and the
information technology service DGITA in a single entity [complete design of the new
structure by Q4-2011 and implement it by Q4-2012] and study the costs and benefits of
including the revenue collection units of the social security administration in the merge. [Q12012] It will proceed with the broader merger if the assessment is favourable. [end-2013]
3.34. Further comprehensive reform plans will be prepared, the focus in 2012 will be to
merge central and support functions, adopt a full-fledged large taxpayers unit, and reduce the
number of branches. The reform will be deepened in 2013 by targeting a business functiontype structure. In particular, the following elements will be implemented:
i.

establishing special chambers within the tax tribunals, specialised to handle
large cases and assisted by a specialised technical staff pool; [Q2-2012]

92

3.35.

ii.

reducing the number of municipal offices by at least 20% per year in 2012 and
2013; [Q4-2012 and Q4-2013]

iii.

increase in the resources devoted to auditing in the tax administration to at
least 30% of the total staff, mostly through reallocations of staff within the tax
administration and other parts of the public administration. The threshold
should be attained by Q4-2012.

The Government will address the bottlenecks in the tax appeal system by:
i.

reviewing the assessment of audit performance based on both qualitative and
quantitative indicators; [Q4-2011]

ii.

applying interest charges on the outstanding debt over the whole appeal period
using an interest rate above market levels. Impose a special statutory interest
on non-compliance with a tax court decision; [Q4-2011]

iii.

apply the new tax arbitration law; [Ongoing]

iv.

establishing an integrated IT system between the revenue administration and
the tax courts; [Q1-2012]

v.

clearing cases worth above EUR 1 million by Q4-2012 with the support of the
tax court judges.

3.36. The Government will submit to Parliament a law to strengthen the auditing and
enforcement powers of the central tax administration to exercise control over the whole
territory of the Republic of Portugal including currently exempt tax regimes and to reserve to
the central administration the power to issue interpretative rulings on taxes with national
scope in order to ensure its uniform application. [Q1-2012]
3.37. Following the report assessing the current state of the information systems in the tax
administration, an IT Strategic Plan will be prepared for the new merged revenue authority,
with support from IMF/EC technical assistance. [Q4-2011]
3.38. The tax administration has concluded a strategic plan to combat fraud and evasion for
2012-2014. Additional efforts will be made for enforcement actions focused on high-evasion
sectors and taxpayers. In particular, e-invoicing mechanisms will be adopted in order to
facilitate compliance and improve control. The authorities will finalise the assessment of the
net financial impact of the proposed incentive scheme that grants up to 5 percent rebate,
subject to a limit per taxpayer, on VAT paid through electronically transmitted invoices in
selected sectors and consult with the EC and IMF before implementing the scheme.
[Ongoing]
Public administration
The Government has adopted steps towards the overall goal of rationalizing the public
administration and its perimeter. At the central level, the measures set out in the July
PREMAC plan are being implemented and going significantly beyond initial plans. At the

93
local level, a â&#x20AC;&#x153;Green Paper for Local Administration Reformâ&#x20AC;? was presented in October with
a view to submitting the related draft laws to Parliament by end-June 2012. The Government
will take the following measures to increase the efficiency and cost-effectiveness of the
public administration:
Central, regional and local administration
3.39. Reduce management positions and administrative units in the central administration
according to the PREMAC report of 15 September 2011 by 27% and 40%, respectively.
Following the organic laws of the ministries, the legislation of the entities will be finalised.
[Q4-2011].
3.40. In view of improving the efficiency of the central administration and rationalising the
use of resources, implement a second phase of the public administration restructuring
programme (PREMAC). [Q1-2012]
3.41. In view of improving the efficiency of local administration and rationalising the use
of resources, the Government will submit to Parliament a draft law by Q4-2011 so that each
municipality will have to present its plan to attain the target of reducing their management
positions and administrative units by at least 15% by the end of 2012. [Q2-2012] In what
concerns regions, the Government will promote the initiatives needed so that each region will
present its plan to attain the same target. [Q4-2011]
3.42. Prepare a detailed cost/benefit analysis of all public and quasi-public entities, starting
with the foundations and extend later on to other bodies, across all levels of government.
[Q4-2011] Based on the results of this analysis of the foundations, the administration
(central, regional or local) responsible for the public entity will decide to close or to maintain
it in respect of the law (see below). [Q1-2012]
3.43. Regulate by law the creation and the functioning of foundations, associations, and
similar bodies by the central and local administration. This law, which will also facilitate the
closure of existing entities when warranted, will be prepared in coordination with a similar
framework to be defined for SOEs. The law will define the monitoring and reporting
mechanisms to be put in place to evaluate performance. Starting with the 2012 Budget, the
number of SFAs will be reduced. The law will also aim at classifying as general government
revenues, on a case-by-case basis, all own revenues of these funds that arise directly or
indirectly from the use of the sovereign powers of the government (e.g. court fees, fines, fees
for licenses or permits, and audit fees charged by the Court of Auditors). In addition, the
Government will promote the initiatives needed so that the same objective is achieved by the
regions. [Q4-2011]
3.44. Reorganise local government administration. There are currently 308 municipalities
and 4,259 parishes. By July 2012, the government will develop a consolidation plan to
reorganise and significantly reduce the number of such entities. The Government will
implement these plans based on agreement with EC and IMF staff. These changes, which

94
will come into effect by the beginning of the next local election cycle, will enhance service
delivery, improve efficiency, and reduce costs.
3.45. Carry out a study to identify potential duplication of activities and other inefficiencies
between the central administration, local administration and locally-based central
administration services. [Q4-2011] Based on this analysis, reform the existing framework to
eliminate the identified inefficiencies. [Q2-2012]
Shared services
3.46. Develop the use of shared services in the central administration by fully
implementing the ongoing projects and by regularly assessing the scope for further
integration:
i.

Fully implement the strategy of shared services in the area of financial
(GeRFIP) and human resources (GeRHup). [Q2-2012]

ii.

Rationalise the use of IT resources within the central administration by
implementing shared services and reducing the number of IT entities in
individual Ministries or other public entities. [Q4-2012]

3.47. Reduce the number of local branches of line ministries (e.g. tax, social security,
justice). The services should be merged in citizensâ&#x20AC;&#x2122; shops covering a greater geographical
area and developing further the e-administration over the duration of the programme. [Q42013]
Human resources
3.48. In the context of the annual budget, promote flexibility, adaptability and mobility of
human resources across the administration, including by providing training where
appropriate. [Q4-2011] The mobility schemes, namely geographic mobility, will be
reinforced as an instrument to manage human resources across administrations. [Q2-2012]
3.49. Limit staff admissions in public administration to achieve annual decreases in 20122014 of 2% per year (in full-time equivalents) in the staff of central administration and 2% in
local and regional administrations (in full-time equivalents). The Government will ensure the
implementation of this measure at local administration level and will promote the initiatives
needed so that each region will present its plan to achieve the same target. [Ongoing]
3.50. The government will prepare a comprehensive review of wage scales in the public
sector, including entities classified outside the General Government, to identify unwarranted
differences in remuneration between the public and the private sector for similar types of
qualifications [Q4-2012].

95
Health care system
Objectives
Improve efficiency and effectiveness in the health care system, inducing a more rational use
of services and control of expenditures; generate additional savings in the area of
pharmaceuticals to reduce the overall public spending on pharmaceutical to 1.25 percent of
GDP by end 2012 and to about 1 per cent of GDP in 2013; generate additional savings in
hospital operating costs and devise a strategy to eliminate arrears.
The Government will take the following measures to reform the health system:
Financing
3.51. Following the approval of NHS moderating fees (taxas moderadoras), enact
legislation reviewing and increasing overall NHS moderating fees (taxas moderadoras) by
end December 2011 through:
i.

a substantial revision of existing exemption categories, including stricter
means-testing in cooperation with Minister of Social Security;

ii.

an increase of moderating fees in certain services while ensuring that primary
care moderating fees are lower than those for outpatient specialist care visits
and lower than emergency visits;

These measures should result in additional revenues of EUR 150 million in 2012 and an
additional 50 million in 2013.
3.52. In the light of the urgency and size of the savings needed in the health sector to
address large arrears and budget limitations, plans to achieve a self-sustainable model for
health-benefits schemes for civil servants will be accelerated. The current plan foresees that
the overall budgetary cost of existing schemes â&#x20AC;&#x201C; ADSE, ADM (Armed Forces) and SAD
(Police Services) - will be reduced by 30% in 2012 and by further 20% in 2013 at all levels
of general government. The system would become self-financed by 2016. The budgetary
costs of these schemes will be reduced by lowering the employerâ&#x20AC;&#x2122;s contribution and adjusting
the scope of health benefits. [Q4-2011]
3.53. Produce a health sector strategic plan, in the context of and consistent with the
Medium-Term Fiscal Strategy. [Q4-2011]
Pricing and reimbursement of pharmaceuticals
3.54. The Government has approved legislation on setting the maximum price of the first
generic introduced in the market to 50% of the branded product with the same active

96
substance, and its enactment is expected by [Q4-2011]. Enact legislation which automatically
reduces the prices of medicines when their patent expires. [Q4-2011]
3.55. Move the responsibility of pricing medicines to the Ministry of Health (for example
to Infarmed). [Q4-2011]
3.56. The Government has approved legislation regarding the revision of the existing
reference-pricing system based on international prices by using as countries of reference the
three EU countries with the lowest price levels or countries with comparable GDP per capita
levels; the enactment of this legislation is expected by [Q4-2011]. Countries of reference will
be revised every year. [Ongoing]
Prescription and monitoring of prescription
3.57. Continue to improve the monitoring system of prescription of medicines and
diagnostic and set in place a systematic assessment by individual doctors in terms of volume
and value, vis-Ă -vis prescription guidelines and peers. The assessment will be done through a
dedicated unit under the Ministry of Health such as the Centro de ConferĂŞncia de Facturas.
Feedback continues to be provided to each physician on a regular basis (e.g. quarterly), in
particular on prescription of costliest and most used medicines, starting from Q4-2011.
3.58. Devise and enforce a system of sanctions and penalties, as a complement to the
assessment framework. [Q1-2012]
3.59. The Government has submitted legislation making it compulsory for physicians at all
levels of the system, both public and private, to prescribe by International Nonproprietary
Name (INN) to increase the use of generic medicines and the less costly available product.
Enactment of legislation is expected by [Q4-2011].
3.60. Establish clear rules for the prescription of medicines and the realisation of
complementary diagnostic exams (prescription guidelines for physicians) on the basis of
international prescription guidelines. [Q4-2011]
3.61. Enact legislation to remove all effective entry barriers for generic medicines, in
particular by reducing administrative/legal hurdles in order to speed up the use and
reimbursement of generics. [Q4-2011]
Pharmaceutical retailers and wholesalers
3.62.

3.63. The Government has approved legislation changing the calculation of profit margin
into a regressive mark-up and a flat fee for wholesale companies and pharmacies on the basis
of the experience in other Member States. The new system should ensure a reduction in
public spending on pharmaceuticals and encourage the sales of less expensive
pharmaceuticals. The aim is that lower profits will contribute at least EUR 50 million to the
reduction in public expenditure on drugs distribution in 2012. Its enactment is expected by

97
[Q4-2011]. Additional measures leading to further savings in public expenditure on the
distribution of medicines should be taken by Q3-2012.
3.64. If the new system of calculation of profit margin will not produce the expected
savings in the distribution profits, an additional contribution in the form of an average rebate
(pay-back) will be introduced which will be calculated on the mark-up. The rebate will
reduce the new mark-up on producer prices further by at least 2 percentage points on
pharmacies and 4 percentage points on wholesalers. The rebate will be collected by the
Government on a monthly basis through the Centro de ConferĂŞncia de Facturas, preserving
the profitability of small pharmacies in remote areas with low turnover. [Q3-2013]
Centralised purchasing and procurement
3.65. The Government has approved legislation regarding the administrative framework for
a centralised procurement system for the purchase of medical goods in the NHS (equipments,
appliances, medicines and services), through the recently created Central Purchasing
Authority (SPMS), in order to reduce costs through price-volume agreements and to fight
waste. Its enactment is expected by [Q4-2011].
3.66. Finalise the uniform coding system and a common registry for medical supplies
developed by INFARMED and SPMS based on international experience. Regularly update
the registry. [Q4-2011]
3.67. Take measures to increase competition among private providers and reduce by at least
10 percent the overall spending (including fees) of the NHS with private providers delivering
diagnostic and therapeutic services to the NHS by end 2011 and by an additional 10% by end
2012, regardless of the savings achieved in 2011. [Q4-2011]
3.68. Implement the centralised purchasing of medical goods through the recently created
Central Purchasing Authority (SPMS), using the uniform coding system for medical supplies
and pharmaceuticals. [Q1-2012]
3.69. Introduce a regular revision (at least every two years) of the fees paid to private
providers with the aim of reducing the cost of more mature diagnostic and therapeutic
services. [Q1-2012]
3.70. Assess compliance with European competition rules of the provision of services in
the private healthcare sector and guarantee increasing competition among private providers.
[Q1-2012]
Primary care services
3.71. As part of the reorganisation of health services provision and notably the concentration
and specialisation of hospital services and the further development of a cost-effective
primary care service, the Government reinforces measures aimed at further reducing
unnecessary visits to specialists and emergencies and improving care coordination [Q12012]. This will be done through:

98
i.

increasing the number of USF (Unidades de SaĂşde Familiares) units
contracting with regional authorities (ARSs) using a mix of salary and
performance-related payments as currently the case. Make sure that the new
system leads to a reduction in costs and more effective provision;

ii.

set-up a mechanism to guarantee the presence of family doctors in needed
areas to induce a more even distribution of family doctors across the country;

iii.

moving human resources from hospital settings to primary care settings and
reconsidering the role of nurses and other specialties in the provision of
services;

iv.

Increase by at least 20% the maximum number of patients per primary care/
family doctor for health centres and by 10% for the USF.

Hospital services
3.72. To avoid further accumulation of arrears, the 2012 budget ensures adequate
allocations to the health sector. The settlement process will give priority to arrears in
hospitals, improve the liquidity position of suppliers and likely allow hospitals to obtain
discounts when re-negotiating delivery contracts. A strategy with a binding timetable to clear
all arrears in the health sector, within the overall strategy for arrears, will be implemented.
The strategy will include the introduction of standardised and tight control procedures for all
health sector entities to prevent the re-emergence of arrears. In addition, a mechanism is put
in place to ensure strong coordination between the Ministry of Health and the Ministry of
Finance for the application of the same monitoring and control criteria to all types of
hospitals. [Q4-2011]
3.73. Hospital SOEs will swiftly change the existing accounting framework and adopt
accounting standards in line with the requirements for private companies and other SOEs.
This will help improving the management of the enterprises and the quality of the financial
oversight by the general government. [Q4-2012]
3.74. Implement measures aimed at achieving a reduction of at least EUR 200 million in
the operational costs of hospitals in 2012 (EUR 100 million in 2012 in addition to savings of
over EUR 100 million already in 2011). This is to be achieved through the reduction in the
number of management staff, concentration and rationalisation in state hospitals and health
centres with a view to reducing capacity. [Q1-2012]
3.75. Continue the publication of clinical guidelines and set in place an auditing system of
their implementation. [Q4-2011]
3.76. Improve selection criteria and adopt measures to ensure a more transparent selection
of the chairs and members of hospital boards. Members will be required by law to be persons
of recognised standing in health, management and health administration. [Q4-2011]

99
3.77. Set up a system for comparing hospital performance (benchmarking) on the basis of a
comprehensive set of indicators and produce regular annual reports, the first one to be
published by end 2012. Indicators are to include financial indicators. [Q1-2012]
3.78. Ensure full interoperability of IT systems in hospital, in order for the ACSS to gather
real time information on hospital activities and to produce monthly reports to the Ministry of
Health and the Ministry of Finance. [Q1-2012]
3.79. Continue with the reorganisation and rationalisation of the hospital network through
specialisation, concentration and downsizing of hospital and emergency services, joint
management (building on the Decree-Law 30/2011) and joint operation of hospitals. These
improvements will deliver additional cuts in operating costs by at least 5 percent in 2013. A
detailed action plan is published by 30 November 2012 and its implementation is finalised by
the first quarter 2013. Overall, from 2011 to 2013, hospital operational costs must be reduced
by at least 15% compared to 2010 level. [Q1-2012]
3.80.

3.81. Annually update the inventory of all health staff by specialty, age, region (including
autonomous regions), health centre and hospital, public and private sector so as to be able to
identify practising, professional and licensed staff and current and future staff needs. [Q12012]
3.82. Prepare regular annual reports presenting plans for the allocation of human resources
in the period up to 2014. The report specifies plans to reallocate qualified and support staff
within the NHS. [Q2-2012]
3.83. Introduce rules to increase mobility of healthcare staff (including doctors) within and
across health regions. Adopt for all staff (including doctors) flexible time arrangements, with
a view to reducing by at least 20% spending on overtime compensation in 2012 and another
20% in 2013. Implement a strict control of working hours and activities of staff in the
hospital and reduce substantially expenditure for on-call services through rationalisation of
services and elimination of duplication. [Q1-2012]
3.84. Review the payment mechanism for the prevention regime and per call payment
("pagamento por chamada") in the light of promoting efficiency and reducing costs in the
health system. [Q2-2012]
Regional health authorities
3.85. Improve monitoring, internal control and fiscal risks management systems of the
Administraรงoes Regionais de Saude. [Q4-2012]
Cross services
3.86. Finalise the set-up of a system of patient electronic medical records. [Q2-2012]
3.87.

Reduce costs for patient transportation by one third compared to 2010. [Q4-2012]

100
4. Labour market and education
Labour market
Objectives
Revise the unemployment insurance system to reduce the risk of long-term unemployment
while strengthening social safety nets; reform employment protection legislation to tackle
labour market segmentation, foster job creation, and ease the transition of workers across
occupations, firms, and sectors; ease working time arrangements to contain employment
fluctuations over the cycle, better accommodate differences in work patterns across sectors
and firms, and enhance firmsâ&#x20AC;&#x2122; competitiveness; promote labour cost developments consistent
with job creation and enhanced competitiveness; ensure good practices and appropriate
resources to Active Labour Market Policies to improve the employability of the young and
disadvantaged categories and ease labour market mismatches.
Address early school leaving and improve the quality of secondary education and vocational
education and training, with a view to raise the quality of human capital and facilitate labour
market matching.
Reforms in labour and social security legislation will be implemented after consultation of
social partners, taking into account possible constitutional implications, and in respect of EU
Directives and Core Labour Standards.
Unemployment benefits
4.1.
The Government will prepare by Q4-2011 an action plan to reform along the
following lines the unemployment insurance system, with a view to reduce the risk of longterm unemployment and strengthen social safety nets:
i.

reducing the maximum duration of unemployment insurance benefits to no
more than 18 months, while strengthening the length of the contributory
careers vis-Ă -vis the workers age in determining benefits. The reform will not
concern those currently unemployed and will not reduce accrued-to-date
rights of employees;

ii.

capping unemployment benefits at 2.5 times the social support index (IAS)
and introducing a declining profile of benefits over the unemployment spell
after six months of unemployment (a reduction of at least 10% in the benefit
amount). The reform will concern those becoming unemployed after the
reform;

iii.

reducing the necessary contributory period to access unemployment insurance
from 15 to 12 months;

101
iv.

4.2.

presenting a proposal for extending eligibility to unemployment insurance to
clearly-defined categories of self-employed workers providing their services
to a single firm on a regular basis. The proposal will take into account the
risks of possible abuses and will contain an assessment of the fiscal impact of
extending benefits under several scenarios concerning eligibility criteria
(namely the involuntary character of unemployment) and requirements for
increased social security contributions for firms making use of these
arrangements.

This plan will lead to draft legislation to be adopted by the Government by Q1-2012.

Employment protection legislation
4.3.
The Government will carry out reforms in the employment protection system aimed
at tackling labour market segmentation, fostering job creation, and easing adjustment in the
labour market [ongoing].
4.4.
Severance payments [ongoing]. Following the entering into force of the law n.
53/2011 concerning the reform in the severance payments for new hires in line with the MoU
(which reduces severance payments to 20 days per year of work for both open ended and
fixed term contracts, while introducing a cap of 12 months of pay and eliminating the 3
months of pay irrespective of tenure for permanent contracts, and makes compulsory the
partial financing of severance payments via a compensation fund), the Government will align
severance payments to current employees, further reduce severance payments, and
implement the compensation fund to partly finance severance payments. Until the fund is
operational, the employers remain responsible for the total of severance payments.
i.

the Government will align severance payment entitlements for current
employees in line with the reform for new hires, (taking into account the
revised link between entitlement and seniority and the cap to total
entitlements) without reducing accrued-to-date entitlements. A draft plan has
been presented. This plan will lead to draft legislation to be submitted to
Parliament by [Q1-2012].

ii.

By Q1-2012, the Government will prepare a proposal aiming at:
o aligning the level of severance payments to the EU average of 8-12 days;
o implementing the compensation fund for severance payments allowing the
severance pay entitlements financed from the fund to be transferable to
different employers by means of the creation of notional individual
accounts.
On the basis of this proposal, draft legislation will be submitted to Parliament
no later than Q3-2012.

4.5.
Definition of dismissals. The Government has presented a reform proposal aimed at
introducing adjustments to the cases for fair individual dismissals contemplated in the Labour

102
Code with a view to fighting labour market segmentation and raise the use of open-ended
contracts. This proposal will lead to draft legislation to be submitted to Parliament by Q12012.
i.

Individual dismissals linked to unsuitability of the worker should become
possible even without the introduction of new technologies or other changes
to the work position (art. 373-380, 385 Labour Code). Inter alia, a new reason
can be added regarding situations where the worker has agreed with the
employer specific delivery objectives and does not fulfil them, for reasons
deriving exclusively from the workers’ responsibility;

ii.

Individual dismissals linked to the extinction of work positions should not
necessarily follow a pre-defined seniority order if more than one worker is
assigned to identical functions (art. 368 Labour Code). The predefined
seniority order is not necessary provided that the employer establishes a
relevant and non- discriminatory alternative criteria (in line with what already
happens in the case of collective dismissals);

iii.

Individual dismissals for the above reasons should not be subject to the
obligation to attempt a transfer for a possible suitable position (art. 368, 375
Labour Code).

Working time arrangements
4.6.
The Government will carry out reforms in working time arrangements with a view to
contain employment fluctuations over the cycle, better accommodate differences in work
patterns across sectors and firms, and enhance firms’ competitiveness.
i.

The Government was asked to prepare by Q4-2011 an assessment regarding
the use made of increased flexibility elements by the social partners associated
with the 2009 Labour Code revision and prepare an action plan to promote the
use of flexible working time arrangements, including on modalities for
permitting the adoption of “bank of hours” working arrangement by mutual
agreement of employers and employees negotiated at plant level. An action
plan to promote the use of flexible working time arrangements was presented.

ii.

Draft legislation will be submitted to Parliament by Q1-2012 on the following
aspects:
o implementation of the commitments agreed in the March Tripartite
Agreement regarding working time arrangements and short-time working
schemes in cases of industrial crisis, by easing the requirements employers
have to fulfil to introduce and renew these measures;
o implementation of “bank of hours” working arrangements;
o revision of the minimum additional pay for overtime established in the
Labour Code: (i) reduction to maximum 50% (from current 50% for the

103
first overtime hour worked, 75% for additional hours, 100% for overtime
during holidays); (ii) elimination of the compensatory time off equal to
25% of overtime hours worked. These norms can be revised, upwards or
downwards, by collective agreement.
Wage setting and competitiveness
4.7.
The Government will promote wage developments consistent with the objectives of
fostering job creation and improving firmsâ&#x20AC;&#x2122; competitiveness with a view to correct
macroeconomic imbalances. To that purpose, the Government will:
i.

commit that, over the programme period, any increase in the minimum wage
will take place only if justified by economic and labour market developments
and agreed in the framework of the programme review [Ongoing];

ii.

ensure wage moderation by using the available discretion in the current
legislation of not extending collective contracts until a clear criteria is defined
as foreseen in point 4.7.iii.;

iii.

define clear criteria to be followed for the extension of collective agreements
and commit to them. The representativeness of the negotiating organisations
and the implications of the extension for the competitive position of nonaffiliated firms will have to be among these criteria. The representativeness of
negotiating organisations will be assessed on the basis of quantitative
indicators. To that purpose, the Government will take the necessary steps to
collect data on the representativeness of social partners. Draft legislation
defining criteria for extension and modalities for their implementation will be
submitted by Q2-2012, with a view to entering into force by Q1-2013. Such
legislation shall in particular provide criteria for the exclusion of the extension
in cases where wage agreements are not representative;

iv.

prepare an independent review by Q2-2012 on:
o how the tripartite concertation on wages can be reinvigorated with the
view to define norms for overall wage developments that take into account
the evolution of the competitive position of the economy and a system for
monitoring compliance with such norms;

o the desirability of shortening the survival (sobrevigĂŞncia) of contracts that
are expired but not renewed (art 501 of the Labour Code).
4.8.
The Government will promote wage adjustments in line with productivity at the firm
level. To that purpose, it will:
i.

implement the commitments in the Tripartite Agreement of March 2011
concerning the "organised decentralisation", notably concerning: (i) the
possibility for works councils to negotiate functional and geographical
mobility conditions and working time arrangements; (ii) the creation of a

104
Labour Relations Centre supporting social dialogue with improved
information and providing technical assistance to parties involved in
negotiations; (iii) the lowering of the firm size threshold above which works
councils can conclude firm-level agreements to 250 employees. As requested,
a first proposal for the implementation of these measures has been presented
by Q4-2011;
ii.

promote the inclusion in sectoral collective agreements of conditions under
which works councils can conclude firm-level agreements without the
delegation of unions. As requested by the MoU, a first proposal for an action
plan has been presented by Q4-2011.

iii.

reduce the firm size threshold for works councils to conclude agreements
below 250 employees, with a view to adoption by Q2-2012.

Draft legislation will be submitted to Parliament by Q1-2012.
Active labour market policies
4.9.
The Government will ensure good practices and an efficient amount of resources to
activation policies to strengthen job search effort by the unemployed and to other Active
Labour Market Policies (ALMPs) to improve the employability of the young and
disadvantaged categories and ease labour market mismatches. The Government will present
by Q4-2011:
i.

a report on the effectiveness of current activation policies and other ALMPs in
tackling long-term unemployment, improving the employability of the young
and disadvantaged categories, and easing labour market mismatch. A
descriptive report is to be presented by Q4-2011. Following this, an evaluation
report with econometric modelling is to be delivered by Q2-2012.

ii.

an action plan for possible improvements and further action on activation
policies and other ALMPs, including the role of Public Employment Services.

Education and training
4.10. The Government will continue action to tackle low education attainment and early
school leaving and to improve the quality of secondary education and vocational education
and training, with a view to increase efficiency in the education sector, raise the quality of
human capital and facilitate labour market matching. To this purpose, the Government will:
i.

set up an analysis, monitoring, assessment and reporting system in order to
accurately evaluate the results and impacts of education and training policies,
notably plans already implemented (notably concerning cost saving measures,
vocational education and training and policies to improve school results and
contain early school leaving). [Q4-2011]

105
ii.

present an action plan to improve the quality of secondary education services
including via: (i) the generalization of trust agreements between the
Government and public schools, establishing wide autonomy, a simple
formula-based funding framework comprising performance evolution criteria,
and accountability; (ii) a simple result-oriented financing framework for
professional and private schools in association agreements based on fixed perclass funding plus incentives linked to performance criteria; (iv) a reinforced
supervisory role of the General Inspectorate. [Q1-2012]

iii.

present an action plan aimed at (i) ensuring the quality, attractiveness and
labour market relevance of vocational education and training through
partnerships with companies or other stakeholders; (ii) enhancing career
guidance mechanisms for prospective students in vocational educational
training. [Q1-2012]

5. Goods and services markets
Objectives
Reduce entry barriers in network industries and sheltered sectors of the economy such as
services and regulated professions so as to increase competition and reduce excessive rents.
These measures should help improving the competitiveness of the Portuguese economy by
lowering input prices, raising productivity and improving the quality of the products and
services provided. This should contribute decisively to the social balance of the programme
by reducing unwarranted sector protection and rents so that all segments of the society
participate in the burden sharing of the needed adjustment.
Energy markets
Objectives
Complete the liberalisation of the electricity and gas markets; ensure the sustainability of the
national electricity system and avoid further unfavourable developments in tariffs deficit;
ensure that the reduction of the energy dependence and the promotion of renewable energies
is made in a way that limits the additional costs associated with the production of electricity
under the ordinary and special (co-generation and renewables) regimes; ensure consistency
of the overall energy policy, reviewing existing instruments. Continue promoting competition
in energy markets and to further integrate the Iberian market for electricity and gas (MIBEL
and MIBGAS).

106
Liberalisation of electricity and gas markets
5.1.
Regulated electricity tariffs will be phased out by 1 January 2013. Following the
approval in the resolution of Council of Ministers of 28 July 2011 of a roadmap setting the
main principles for the liberalisation of electricity markets, the government will implement it
through legislation by [Q4-2011]. The provisions will:
i.

specify the timeline and criteria to liberalise the remaining regulated
segments, such as pre-determined conditions relating to the degree of effective
competition in the relevant market; and shorten the maximum length of the
transitory period for the segment 10,35 kVA to 41,4 kVA, from 3 years, as set
out in the resolution of the Council of Ministers, to 30 months.

ii.

ensure that during the phasing-out period, transitory tariffs will be above
market prices â&#x20AC;&#x201C; while countering any anti-competitive behavior by market
players â&#x20AC;&#x201C; and that this difference will be increasing in time, if necessary, in
order to create incentives for a gradual switching of consumers to the
liberalised market;

5.2.
Implement the Third EU Energy Package by Q1-2012. This will ensure the National
Regulator Authorityâ&#x20AC;&#x2122;s independence and all powers foreseen in the package.
5.3.
Take measures to accelerate the establishment of a functioning Iberian market for
natural gas (MIBGAS), through regulatory convergence and the harmonisation of the tariff
structures in Portugal and Spain. In particular, in accordance with the roadmap of 30
September 2011 agreed with the Spanish authorities, the regulators of each country will
present proposals to harmonise the tariffs for access to the interconnection networks [Q42011] with a view to the future elimination of pancaking for cross-border flows, and will
apply a harmonised congestion management mechanism to all the interconnection capacity
between Portugal and Spain. [Q1-2013]
5.4.
Regulated gas tariffs are to be phased out by 1 January 2013. The government will
implement, through legislation, the roadmap proposed in the resolution of Council of
Ministers of 28 July 2011 by [Q4-2011].
5.5.
Review in a report the reasons for lack of entry in the gas market, despite the
availability of spare capacity, and the reasons for the lack of diversification of gas sources.
The report will also propose possible measures to address the identified problems. [Q4-2011]
Additional costs associated with electricity production under the ordinary regime
5.6.
Take measures in order to limit the additional cost associated with the production of
electricity under the ordinary regime, in particular through renegotiation or downward
revision of the guaranteed compensation mechanism (CMEC) paid to producers under the
ordinary regime and the remaining long-term power-purchase agreements (PPAs). [Q4-2011]

107
Support schemes for production of energy under the special regime (co-generation and
renewables)
5.7.
Review the efficiency of support schemes for co-generation and propose possible
options for adjusting downward the feed-in tariff used in co-generation (reduce the implicit
subsidy). [January 2012]
5.8.
Review in a report the efficiency of support schemes for renewables, covering their
rationale, their levels, and other relevant design elements. [January 2012]
5.9.
For existing contracts in renewables, assess in a report the possibility of agreeing a
renegotiation of the contracts in view of a lower feed-in tariff. [Q4-2011]
5.10. For new contracts in renewables, revise downward the feed-in tariffs and ensure that
the tariffs do not over-compensate producers for their costs and they continue to provide an
incentive to reduce costs further, through digressive tariffs. For more mature technologies
develop alternative mechanisms (such as feed-in premiums). Reports on action taken will be
provided annually in Q3-2012 and Q3-2013.
5.11. Decisions on future investments in renewables, in particular in less mature
technologies, will be based on a rigorous analysis in terms of its costs and consequences for
energy prices. International benchmarks will be used for the analysis and an independent
evaluation will be carried out. Reports on action taken will be provided annually in Q3-2012
and Q3-2013.
5.12. Reduce the delays and uncertainty surrounding planning, authorisation and
certification procedures and improve the transparency of administrative requirements and
charges for renewable energy producers (in line with Article 13 and 14 of EU Directive
2009/28/EC). Provide evidence of the measures taken to this end. [Q4-2011]
Energy policy instruments and taxation
5.13. Modify tax and energy policy instruments to ensure that they provide incentives for
rational use, energy savings and emission reductions. In particular:
i.

Eliminate fiscal incentives to promote investment in renewable energy
equipment, energy efficiency in buildings and electric vehicles overlapping
with other financing mechanisms or energy and tax policy instruments, such
as the enhanced tax allowances under the personal income tax and taxation at
the intermediate rate of VAT of acquisitions of solar and renewable energy
equipment. [Q4-2011]

ii.

Subject to a cost-benefit analysis, eliminate the exemption from the tax on oil
and energy products (ISP) applicable to certain industrial fuels used in
cogeneration, which overlaps with the feed-in-tariff, as well as other energy
and tax policy instruments, i.e. accelerated depreciation rate under the
corporate income tax. [Q2-2012]

108
iii.

conduct a cost-benefit analysis to evaluate the effectiveness of the System for
the Management of Energy-Intensive Consumption and the associated
exemption from the tax on oil and energy products (ISP) for industrial fuels.
[Q2-2012]

iv.

review, based on a cost-benefit analysis, the effectiveness of the other
exemptions and reduced rates of the tax on oil and energy products (ISP)
under the Excise Tax Code. [Q2-2012]

v.

take measures by [Q2-2012] to phase out the power guarantee mechanism and
reduce the associated policy costs. Incentives for power plants to invest should
be revised downwards and phased out in light of the current situation of low
electricity consumption, excess production capacity, and the overlapping
interruptibility service mechanism, while taking into account developments in
the Iberian electricity market and energy security considerations.

vi.

take measures to eliminate possible overlaps, and foster synergies, between
the Plan for Promoting Efficient Consumption (PPEC) and the Energy
Efficiency Fund (EEF). [Q2-2012]

5.14. Increase excises for electricity (presently below the minima required by EU
legislation). [Q4-2011]
Ensure sustainability of the national electricity system
5.15. Measures to set the national electricity system on a sustainable path leading to the
elimination of the tariff debt (dĂŠficit tarifĂĄrio) by 2020 and ensuring that it will stabilise by
2013 will be adopted. The latter deadline is subject to a review based on a government
proposal which will also specify how excessive rents in the standard (CMECs, PPAs, and
power guarantee mechanism) and special regimes (co-generation and renewables) will be
corrected. This proposal will consider the merits of a full range of measures which will cover
all sources of rents. [January 2012]15
Telecommunications and postal services
Objectives
Increase competition in the market by lowering entry barriers; guarantee access to
network/infrastructure; strengthen power of the National Regulator Authority.

15

Structural benchmark in the Memorandum of Economic and Financial Policies.

109
Telecommunications
5.16. Ensure an efficient, objective, transparent and non-discriminatory mechanism for the
designation of the universal service provider(s), in compliance with the Court of Justice
ruling of 7 October 2010. Re-negotiate the concession contract with the undertaking
currently providing the universal service, by reducing the scope of the services covered, so as
to exclude the universal service and launch a new tender process for designation of universal
service provider(s). [Q4-2011]
5.17. Adopt measures to increase competition in the fixed communications market by
reviewing barriers on entry and adopting measures to reduce them. [Q1-2012]
Postal services
5.18. Further liberalise the postal sector by i) transposing the Third Postal Directive
ensuring that powers and independence of the National Regulator Authority are appropriate
in view of its increased role in monitoring prices and costs [Q4-2011]; ii) amending the law
laying down the framework of the concession contract and renegotiating the amendment of
said contract with CTT, in order to reflect the new law transposing the postal directive;
ensuring in particular that the current designation period for the universal service provision is
shortened to 2020 and that investment needs and return on investment are taken into account
when setting new designation periods. [Q1-2012]
Transport
Objectives
Adopt a strategic plan to: rationalise networks and improve mobility and logistic conditions
in Portugal; improve energy efficiency and reduce environmental impact; reduce transport
costs and ensure financial sustainability of the companies; strengthen competition in the
railways sector and attract more traffic; integrate ports into the overall logistic and transport
system, and make them more competitive.
The Government will take the following measures in the transport sector:
Strategic Plan for Transport
5.19.

Introduce reforms in the transport SOEs to achieve their EBITDA balance, by
focusing efforts on the reduction of operational costs;

ii.

Reduce the forecast debt burden of Estradas de Portugal through the reduction
of PPP contractsâ&#x20AC;&#x2122; scope still in the construction phase, revision of shadow-toll
schemes and the adjustment of the CSR (Road Service Contribution) to the

Attract new low-cost airline companies and/or routes, making use of the
existing infrastructures;

iv.

Focus the investment priorities in projects that present a positive cost-benefit
ratio and contribute to the competitiveness of Portuguese exports, namely in
the port and freight rail sectors;

v.

Reform the transport and infrastructuresâ&#x20AC;&#x2122; regulatory framework in order to
improve the effectiveness, efficiency and independence of the entities
regulating the transport sector.

5.20. Present a long term vision of the transport system and a list of actions to improve its
efficiency and sustainability [Q3-2012]. It will specifically include
i.

an in-depth analysis of the transport system including an assessment of
existing capacity, forecast demand, and projected traffic flows;

ii.

an in-depth analysis of the competitive position of the different transport
modes vis-Ă -vis each other with the objective to reduce dependence on road
transport;

iii.

measures to integrate rail, port and air transport services into the overall
logistic and transport system, notably by improving competition in these
transport modes;

iv.

a set of priorities for investment on the basis of points i., ii and iii. taking also
into account TEN-T networks, with an estimate of the financial needs and the
foreseen sources of financing;

v.

an assessment of energy savings and greenhouse gas emission reductions from
the transport sector.

Measures will be concrete, including the exact instruments used to achieve them. Measures
will be chosen based on criteria of cost-effectiveness (comparing savings/costs).
Railways sector
5.21.

Continue with the transposition of the EU Railway Packages and in particular:
i.

ensure that the rail regulator enjoys the independence required under the EU
rail Directives, in particular regarding the rules of appointment and dismissal
of the director of the rail regulator. Strengthen the capacities of the railway
regulator to fulfil its regulatory mandate effectively, including by exploring
synergies with other transport regulators in the context of the revision of
national regulatory agencies. [Q3-2012];

111
ii.

implement the ongoing plans to bring the infrastructure manager to
operational balance by [Q4-2013], by focusing efforts on the reduction of
operational costs. In particular, reduce operational costs by at least 23% in
2012 compared to 2010 [Q4-2012]. On the revenue side, track access charges
for freight services should not be increased in order to prevent a deterioration
of the competitiveness of rail freight services. Provide annual progress reports
on the implementation of balancing revenues and expenditures [Q2-2012, Q22013];

iii.

implement the plans of network and service rationalisation presented in the
Strategic Plan for Transport [Q1-2012]. Analyse the potential for further
rationalisation in loss-making and low-demand lines and services [Q3-2012];

iv.

ensure that the new Public Service Obligation (PSO) contracts concluded on
rail passenger transport respect EU legislation including Regulation (EC) No
1370/2007, and in particular provide a detailed breakdown of state
contributions for each line under PSO [Q2-2012]. Develop administrative
capacity for a stepwise introduction of competitive tendering of PSOs starting
with some suburban services. Ensure that the awarding authority has the
required level of independence and competence and guarantees fair conditions
of tendering [Q4-2012];

v.

make the performance scheme on infrastructure charges fully operational, in
particular by effectively collecting payments from operators. [Q2-2012];

privatise the freight branch of the state-owned rail operator. Ensure that the
rail terminals currently owned by CP Carga are transferred to another entity
that will guarantee non-discriminatory access to all rail freight operators.
[Q2-2012]

Ports
5.22. Define a strategy to integrate ports into the overall logistic and transport system.
Specify the objectives, scope and priorities of the strategy, and the link to the overall
Strategic Plan for the Transport sector. [Q4-2011]
5.23. Submit to Parliament a revised legal framework governing port work to make it more
flexible, including narrowing the definition of what constitutes port work, bringing the legal
framework closer to the provisions of the Labour Code. [January 2012]
5.24. Develop a legal framework to facilitate the implementation of the strategy and to
improve the governance model of the ports system. In particular, define the necessary
measures to ensure the separation of regulatory activity, port management and commercial
activities. [Q4-2011]

112
5.25. Specify in a report the objectives, the instruments and the estimated efficiency gains
of initiatives such as the interconnection between CP Cargo and Ex-Port, the Port Single
Window and Logistic Single Window. [Q4-2011]
Road pricing
5.26. Adopt the necessary legislative amendments in order to achieve full compliance with
Directive 1999/62/EC (Eurovignette Directive) and the EU Treaty and, in particular, to
guarantee non-discriminatory application of tolling schemes to non-resident road users
[Q4-2012]. After the deadline of this measure, rebates in tolling schemes that pursue
compelling reasons of territorial and social cohesion may only be applied if their compliance
with the EU law is demonstrated.
Other services sector
Objectives
Eliminate entry barriers in order to increase competition in the services sector; soften existing
authorisation requirements that hinder adjustment capacity and labour mobility; reduce
administrative burden that imposes unnecessary costs on firms and hamper their ability to
react to market conditions.
Sector-specific legislation of Services
5.27. Adopt the remaining necessary amendments to the sector specific legislation to fully
implement the Services Directive, easing the requirements related to establishment and
reducing the number of requirements to which cross-border providers are subject.
Amendments will be presented to the Parliament [Q4-2011] and adopted by [Q1-2012].
5.28. In case unjustified restrictions remain following the notification to the Commission of
the recently adopted sector-specific amendments in the areas of construction and real estate,
review and modify them accordingly. This includes making less burdensome the
requirements applying to cross-border providers, both for construction and real estate
activities, and reviewing obstacles to the establishment of service providers such as
restrictions on subcontracting (for construction) and on excessive liquidity obligations and
physical establishment (for real estate). [Q4-2011]
Professional qualifications
5.29. Improve the recognition framework on professional qualifications by adopting the
remaining legislation complementing the Portuguese Law 9/2009 on the recognition of
professional qualifications in compliance with the qualifications directive. Adopt the law
concerning professions not regulated by Parliament [Q4-2011] and present to Parliament the
law for those regulated by Parliament but where regulation does not involve a professional
body (Ordens or C창maras) [Q4-2011] to be approved by [Q1-2012].

113
Regulated professions
5.30. Review and reduce the number of regulated professions and in particular eliminate
reserves of activities on regulated professions that are no longer justified. Adopt the law for
professions not regulated by Parliament [Q4-2011] and present to Parliament the law for
those regulated by Parliament but where regulation does not involve a professional body
(Ordens or C창maras) [Q4-2011] to be approved by [Q1-2012].
5.31. Adopt measures to liberalise the access and exercise of regulated professions by
professionals qualified and established in the European Union. Adopt the law for professions
not regulated by Parliament [Q4-2011] and present to Parliament the law for those regulated
by Parliament but where regulation does not involve a professional body (Ordens or
C창maras) [Q4-2011] to be approved by [Q1-2012].
5.32. Further improve the functioning of the regulated professions (such as accountants,
lawyers, notaries) for which regulation involves a professional body (Ordens or C창maras) by
carrying out a comprehensive review of requirements affecting the exercise of activity and
eliminate those not justified or proportional, including: i) adopting the measures included in
5.29, 5.30 and 5.31; ii) eliminating restrictions to the use of commercial communication
(advertising), as required by the Services Directive; iii) to achieve the two conditions above
the government will present a draft of a horizontal legal framework by January 2012, to be
submitted to Parliament by Q1-2012, and expected to be adopted and enacted by Q2-2012.
Upon enactment, the professional bodies will make the necessary changes in their statutes by
[Q3-2012].
Administrative burden
5.33.

Continue the simplification reform effort by:
i. progressing further on making available the Points of Single Contact (PSC) in
three languages with general information covering all relevant aspects of the
Services Directive and of the Professional Qualifications Directive. In
particular improve PSC access for EU/EEE service providers by more clearly
differentiating information on requirements applicable to established
providers and to cross-border ones [Jan 2012] and make available in the PSC
single electronic forms, seamless of the municipality, for at least two
procedures covered by the Services Directive of the responsibility of
municipalities [Q1-2012]
ii. making the (PSC) more user-friendly and responsive to SMEs needs,
extending on-line procedures to all sectors covered by the Services Directive
and to Professional Qualifications Directive as well as adapt the content and
information available at the PSC to the new legislation to be adopted [Q12012];

114
iii. making available in PSC procedures on-line of establishments registration
covered by "Zero authorization" (DL 48/2011, April 1st, Art 14º) by February
2012. Make fully operational the “Zero Authorisation” project that abolishes
authorisations/licensing and substitute them with a declaration to the PSC for
the wholesale and retail sector and restaurants and bars [Q2-2012]. The
platform will be available to all levels of administration, including all
municipalities [Q3-2012];
iv. extending PSC to services not covered by the Services Directive [Q2-2013];
iv.

extending the Zero Authorisation project to other sectors of the economy [Q32013].

6. Housing market
Objectives
Improve access to housing; foster labour mobility; improve the quality of housing and make
better use of the housing stock; reduce the incentives for households to build up debt.
Rental market
6.1.
The Government will present draft legislation to amend the New Urban Lease Act
Law 6/2006 by end-November 2011. The draft legislation will ensure balanced rights and
obligations of landlords and tenants, considering the socially vulnerable, and review all
aspects referred to in the urban rental reform guidelines adopted by the Council of Ministers
in September 2011. The draft legislation will be submitted to Parliament for adoption by Q42011. In particular, the specific measures will introduce measures to: i) broaden the
conditions under which renegotiation of open-ended residential leases can take place,
including to limit the possibility of transmitting the contract to first degree relatives; ii)
introduce a framework to improve households' access to housing by phasing out rent control
mechanisms, considering the socially vulnerable; iii) reduce the prior notice for termination
of leases for landlords; iv) grant landlords the possibility to ask for termination of the lease
contract for major renovation works (affecting the structure and stability of the building) with
a maximum 6 months of prior notice; v) simplify rules for the temporary relocation of tenants
of building subject to rehabilitation works with due regard of tenants needs and respect of
their living conditions; vi) provide for an extrajudicial eviction procedure for breach of
contract, aiming at shortening the eviction time to three months; and vii) strengthen the use
of the existing extrajudicial procedures for cases of division of inherited property.
Administrative procedures for renovation
6.2.
The draft legislation to simplify administrative procedures for renovation presented in
September 2011 is expected to be adopted by Parliament by Q4-2011. In particular, the
specific measures will: i) simplify administrative procedures for renovation works, safety
requirements, authorisation to use and formalities for innovations that benefit and enhance
the building’s quality and value (such as energy savings measures). The majority of

115
apartment owners will be defined as representing the majority of the total value of the
building; and ii) standardise the rules determining the level of conservation status of property
and the conditions for the demolition of buildings in ruin.
Property taxation
6.3.
The Government will adopt the necessary changes to the legislation to review the
framework for the valuation of the housing stock and land for tax purposes in line with the
report presented on 30 September 2011. In particular, the measures will: (i) ensure that by
end 2012 the taxable value of all property is close to the market value and (ii) property
valuation is updated regularly (every year for commercial real estate and once every three
years for residential real estate as foreseen in the law). These measures could include
enabling municipal officers, in addition to tax officers, to evaluate the taxable value of
property and the use of statistical methods to monitor and update valuations. [Q4-2011]
6.4.
The Government will modify property taxation with a view to level incentives for
renting versus acquiring housing. [Q4-2011] In particular, the Government will: i) limit
income tax deductibility of rents and mortgage interest payments as of 1 January 2012,
except for low income households. Principal payments will not be deductible as of 1
January 2012; ii) rebalance gradually property taxation towards the recurrent real estate tax
(IMI) and away from the transfer tax (IMT), while considering the socially vulnerable.
Temporary exemptions of IMI for owner-occupied dwellings will be considerably reduced
and the opportunity cost of vacant or non-rented property will be significantly increased.
Comprehensive Review
6.5.
The Government will undertake a comprehensive review of the functioning of the
housing market with the support of internationally-reputed experts. [Q2-2013]
7. Framework conditions
Objectives
Improve the functioning of the judicial system, which is essential for the proper and fair
functioning of the economy, through: (i) ensuring effective and timely enforcement of
contracts and competition rules; (ii) increasing efficiency by restructuring the court system,
and adopting new court management models; (iii) reducing slowness of the system by
eliminating backlog of courts cases and by facilitating out-of-court settlement mechanisms.
Court backlog
Recognising the urgency of the judicial reform to make the judicial system more efficient and
more effective, the government will:
7.1.

Eliminate court backlogs by Q2-2013.

116
7.2.
Implement targeted measures to achieve steady reduction of the backlogged
enforcement cases. In particular, to establish an inter-agency task force by end-November
2011 to set quarterly targets for closing enforcement cases and prepare quarterly reports on
implementation status, with the first report to be completed by 15 February 2012.
7.3.
Strengthen the legal and institutional framework for enforcement agents in line with
international practice with a particular focus on the financing structure and authority of the
oversight body. Adopt a regulation by end-December 2011 to ensure the oversight bodyâ&#x20AC;&#x2122;s
full access to the enforcement case files. To improve the legal and institutional framework
for the enforcement agents, prepare an action plan by end-February 2012 to (i) identify
measures over the next twelve months to achieve the objectives of strengthening the
authority and financing structure of the oversight body and enhancing the accountability of
enforcement agents, and (ii) include an analysis of the feasibility of a fee structure that
incentivises speedy enforcement. In addition, make the oversight bodyâ&#x20AC;&#x2122;s full access to the
enforcement case files including financial data operational by 15 March 2012.
Management of courts
Advance with reforms aimed at improving management efficiency of the court system:
7.4.
To improve efficiency of the court system, develop a roadmap by [January 2012] on
judicial reform map identifying key quarterly milestones to reduce the number of court
districts and close down underutilised courts. Prepare a revised roadmap by [June 2012] on
judicial reform taking into account consultations with stakeholders and cross country
experience. Submit a Bill to implement the judicial reform roadmap to Parliament by endSeptember 2012.
7.5.
Conduct an assessment of court management with a view to speeding up court
proceedings and improving cost efficiency. [January 2012]
7.6.
Develop a new personnel management plan to support judicial specialisation and
mobility of court officials. [January 2012]
Alternative dispute resolution for out-of-court settlement
Continue strengthening alternative dispute resolution (ADR) to facilitate out-of-court
settlement:
7.7.
Adopt measures to give priority to the ADR enforcement cases in the courts by end2011. The Government is committed to take all necessary legal, administrative, and other
steps to make arbitration fully operational by February 2012.16

16

Structural benchmark in the Memorandum of Economic and Financial Policies.

117
7.8.
Submit the Bill to improve the Justices for Peace regime to Parliament by March
2012.
Civil law cases in the courts
Further streamline and speed up civil case processing in the courts:
7.9.
Make the new courts on Competition and on Intellectual Property Rights fully
operational. [Q1-2012]
7.10. Assess the need for separate Chambers within the Commercial Courts with
specialised judges to enhance efficient and effective expedition of insolvency cases.
[January 2012]
7.11. Prepare a proposal in a consultative manner, based on a review the Code of Civil
Procedure, by end-2011, analysing the experience with the new experimental civil procedure
regime, and building on such experience, identifying the key areas for refinement, including
(i) to consolidate legislation for all aspects of enforcement cases before the court, (ii) to give
the judge the power to expedite cases, (iii) to restrict the administrative burdens for judges,
(iv) to enforce statutory deadlines for court processes and in particular injunction procedures
and debt enforcement and insolvency cases and (v) to establish a single judge procedure for
small claims17. Prepare by June 2012 draft amendments, and submit them to the Parliament
by September 2012.
7.12. Adopt measures for an orderly and efficient resolution of outstanding tax cases and,
in particular, assess the scope for measures to expedite the resolution of tax cases such as: i)
creating a special procedure for high value cases [Q2-2011]; ii) establishing criteria for
prioritizing; iii) extending statutory interests for the entire the court proceeding and iv)
imposing a special statutory interest payment on late compliance with a tax court decision.
[Q4-2011]
Budget and allocation of resources
Remain committed to putting in place a more sustainable and transparent budget for the
judiciary:
7.13. Prepare a report on the allocation of resources based on court by court quantitative
data. [January 2012].
7.14. Publish quarterly reports on recovery rates, duration and costs of corporate
insolvency cases starting from Q3-2011, within four months after the end of the relevant
quarter. Provide quarterly reports on recovery rates, duration and costs of tax cases starting
from the third quarter of 2011 within two months after the end of the relevant quarter.
17

Structural benchmark in the Memorandum of Economic and Financial Policies.

118
Competition, public procurement and business environment
Objectives
Ensure a level playing field and minimise rent-seeking behaviour by strengthening
competition and sectoral regulators; eliminate special rights of the state in private companies
(golden shares); reduce administrative burdens on companies; ensure fair public procurement
processes; improve effectiveness of existing instruments dealing with export promotion and
access to finance and support the reallocation of resources towards the tradable sector.
Competition and sectoral regulators
7.15. The Government shall take the necessary measures to ensure that the Portuguese State
or any public bodies do not conclude, in a shareholder capacity, shareholder agreements the
intention or effect of which hinder the free movement of capital or which influence the
management or control of companies. Concerning the existing shareholder agreement of
CGD in Galp, the Portuguese State will ensure that CGD alienates its participation in Galp.
[Q4-2011]
7.16. Going beyond elimination of special rights of the State, the authorities also commit to
ensure that obstacles to free movement of capital will not be created by their action. The
authorities acknowledge that the discretion granted under the amended article 13(2) of the
Framework Law of Privatisations (Law 11/90 amended by Decree 3/XII of the Parliament of
5 August 2011), if used, shall be restricted solely to the concrete privatization operation and
thus used in such a proportionate manner that privatization's implementing laws will not set
or allow holding or acquisition caps beyond the privatization transaction. [Ongoing].
7.17. Take measures to improve the speed and effectiveness of competition rulesâ&#x20AC;&#x2122;
enforcement. In particular:
i.

following the already adopted legislation establishing specialised court for
Competition, Regulation and Supervision, make it operational in the context
of the reforms of the judicial system (see measure 7.9) [Q1-2012];

ii.

propose a revision of the competition law, making it as autonomous as
possible from the Administrative Law and the Penal Procedural Law and more
harmonised with the European Union competition legal framework, in
particular:18 [January 2012]
o

18

simplify the law, separating clearly the rules on competition
enforcement procedures from the rules on penal procedures with a
view to ensure effective enforcement of competition law;

Structural benchmark in the Memorandum of Economic and Financial Policies.

119
rationalise the conditions that determine the opening of investigations,
allowing the competition authority to make an assessment of the
relevance of the claims;
o establish the necessary procedures for a greater alignment between
Portuguese law on merger control and the EU Merger Regulation,
namely with regard to the criteria to make compulsory the ex ante
notification of a concentration operation;
o ensure more clarity and legal certainty in the application of Procedural
Administrative law in merger control;
o evaluate the appeal process and adjust it where necessary to increase
fairness and efficiency in terms of due process and timeliness of
proceedings.
o

iii.

ensure that the Portuguese Competition Authority has sufficient and stable
financial means to guarantee its effective and sustained operation. [Q4-2011]

7.18. Ensure that the national regulator authorities (NRA) have the necessary independence
and resources to exercise their responsibilities. [by Q3-2012 for the main NRAs and by
Q4-2012 for the others]. In order to achieve this:
i.

provide an independent report (by internationally recognised specialists) on
the responsibilities, resources and characteristics determining the level of
independence of the main NRAs. The report will benchmark nomination
practices, responsibilities, independence and resources of each NRA with
respect to best international practice. It will also cover scope of operation of
sectoral regulators, their powers of intervention, as well as the mechanisms of
coordination with the Competition Authority. The call for tender for the report
will be launched by end-November 2011 and the report will be completed by
April 2012;

ii.

based on the report, present a proposal to implement the best international
practices identified to reinforce the independence of regulators where
necessary, and in full compliance with EU law by Q2-2012.

Public procurement
The Government will modify the national public procurement legal framework and improve
award practices to ensure a more transparent and competitive business environment and
improve efficiency of public spending. In particular, it will:
7.19. Eliminate, with regard to public foundations as set out in Law n.ยบ 62/2007, all
exemptions permitting the direct award of public contracts above the Public Procurement
Directives thresholds to ensure full compliance with the Directives. [Q4-2011]

120
7.20. Eliminate all special, permanent or temporary exemptions, permitting the direct
award of public contracts below the Public Procurement Directives thresholds to ensure full
compliance with the principles of the TFEU by the end of Q4-2011.
7.21. Amend the Portuguese Public Procurement Code provisions on errors and omissions
and additional works/services in accordance with the Public Procurement Directives. [Q42011]
7.22. Implement appropriate measures to address the currently existing problems with
regard to direct awards for additional works/services and to ensure that such awards occur
exclusively under strict conditions foreseen by the Directives. [Q4-2011]
7.23. Take measures to render contracting authorities' administrators financially
responsible for lack of compliance with public procurement rules as recommended by the
Portuguese Court of Auditors. [Q4-2011]
7.24. Ensure ex-ante auditing/checks on public procurement by the appropriate national
bodies (most notably the Portuguese Court of Auditors) as a tool to prevent and counteract
the practice of illegal award of additional works/services and increase transparency.
Amendments to the Court of Auditors' bylaws to be adopted by Parliament by [Q4-2011].
7.25. Upgrade the national Public Procurement Portal (Base) based on Resolution nº
17/2010 of the National Parliament in order to improve transparency of award procedures.
[Q4-2011]
7.26. Repeal Art. 42 (7) (8) (9) of the Public Procurement Code which sets out a
requirement for investment in R&D projects on all public contracts worth more than EUR 25
million [Q4-2011].
Business environment
7.27. Adopt the “Simplex Exports” programme, including establishing in tax legislation
measures to accelerate the procedures for requesting VAT exemption for exporting firms and
to simplify procedures associated with indirect exports. [Q4-2011] The above mentioned
procedures will be fully operational by [Q3-2012].
7.28. Reinforce measures to facilitate access to finance and export markets for companies,
in particular for SMEs. This will include a review of the overall consistency and
effectiveness of existing measures. This review, as well as the assessment of existing
financing and non-financing support measures (therefore partially responding also to measure
2.20) will be the object of a report by [Q4-2011].
7.29. Promote liquidity conditions for business by timely implementing the New Late
Payments Directive. [Q1-2013]
7.30. Continue reducing administrative burdens by including municipalities and all levels
of public administration within the scope of the Simplex Programme. [Q1-2013]

Press Release No.11/474
FOR IMMEDIATE RELEASE
December 19, 2011

International Monetary Fund
Washington, D.C. 20431 USA

IMF Completes Second Review Under an EFF with Portugal,
Approves €2.9 Billion Disbursement
The Executive Board of the International Monetary Fund (IMF) today completed the second
review of Portugal’s performance under an economic program supported by a 3-year, SDR
23.742 billion (about €28.0 billion) Extended Fund Facility (EFF). The completion of the
review enables the immediate disbursement of an amount equivalent to SDR 2.425 billion
(about €2.9 billion), bringing total disbursements under the EFF to SDR 11.503 billion (about
€13.6 billion).
The EFF, which was approved on May 20, 2011 (see Press Release No. 11/190) is part of a
cooperative package of financing with the European Union amounting to €78 billion over
three years. It entails exceptional access to IMF resources, amounting to 2,306 percent of
Portugal’s IMF quota, and was approved under the IMF's fast-track Emergency Financing
Mechanism procedures
Following the Executive Board's discussion, Mr. David Lipton, First Deputy Managing
Director and Acting Chair, said:
.
“Good progress has been achieved so far on policy implementation, but given the strong
headwinds from the deteriorating external environment, perseverance and determination to
implement the ambitious fiscal program and push through tough, but essential, structural
reforms will be critical, along with continued European support.
“The strong 2012 budget and its focus on expenditure cuts are welcome. While the fiscal
slippages in 2011 have prompted the use of banks’ pension fund assets to cover the gap, the
bold and concrete measures included in the budget should help achieve the ambitious 2012
fiscal targets.
“The authorities’ fiscal plans are firmly rooted in an integrated framework, which explicitly
recognizes and addresses the contribution of state-owned enterprises, public-private
partnerships, and regional and local governments to current fiscal pressures. Control over
spending commitments—which is being strengthened in the context of ongoing fiscal

2
structural reforms—will be important for meeting the targets.
“The environment facing banks is challenging, not least due to the need for raising new
capital to comply with the new safeguards required by EBA. Despite banks’ strong efforts to
increase capital from private sources, state support for bank recapitalization may be needed.
It will be important to ensure that the forthcoming rules governing such support allow banks
to remain managed on a commercial basis. In light of the fiscal contraction and much
weaker external demand, it is even more critical to ensure that bank deleveraging does not
come at the cost of excessive contraction in credit to dynamic enterprises.
“Structural reforms are progressing, and the strong efforts made in areas such as labor
markets and competition framework should continue, as these reforms will, over time, place
downward pressure on relative prices. The decision to not implement a fiscal devaluation
creates a considerable gap in the structural reform agenda that needs to be filled with
alternative measures to strengthen competitiveness. In this regard, the authorities’
commitment, in consultation with stakeholders, to enhance the depth and focus of the reform
agenda at the time of the next review is a welcome step.”

Statement by Arrigo Sadun, Executive Director for Portugal and
José Cardoso, Advisor to Exective Director
December 19, 2011
We thank staff for the comprehensive report on the second review under the
Extended Arrangement for Portugal.
1. Overview
The Portuguese authorities reaffirm their firm commitment to the program. In this
respect, it is important to note that there is broad support for the adjustment program as
the way to restore credibility and confidence. The Portuguese government is aware of
the importance of social and political cohesion, and will continue a constructive
dialogue with the opposition parties and social partners.
The Portuguese authorities welcome the staff’s appraisal that Portugal’s program has
remained broadly on track. All the quantitative performance criteria and all structural
benchmarks for the second review were met, although the indicative target on the
non-accumulation of new domestic arrears by the general government was breached.
The domestic arrears are concentrated in the health, and local and regional sectors. The
government will strengthen the mechanisms for controlling the budget process and
public expenditure in order to avoid further accumulation of arrears. By the end of the
year, the government will present appropriate legislation.
The government met the 2011 fiscal target of 5.9 % of GDP in the context of a
budgetary execution that was much more difficult than expected. The State Budget for
2012 provides for a major fiscal adjustment, with consolidation measures against 2011
totaling 5.3% of GDP and with 2/3 of the adjustment effort coming from the
expenditure side. Achieving substantial fiscal consolidation will be instrumental in
regaining markets’ confidence in the Portuguese economy. The establishment of the
Fiscal Council by the end of this year will support sound fiscal policies on an ongoing
basis.
In 2011, Portugal started the process of correcting macroeconomic imbalances and
structural weaknesses that have accumulated over more than a decade. The fiscal
adjustment is consistent with prudent and realistic macroeconomic projections. In 2011
and 2012, Portugal will be in a recession, registering an accumulated loss of GDP of
around 4.5%. The unemployment rate will rise during this period to 13.7% in 2012.
From 2013 onwards, the economy will begin to grow, jobs will be created, and the
unemployment rate will begin to decline. A significant external adjustment will also
take place in the medium term.

2
2. Fiscal Policy
The process of fiscal consolidation is underway. In 2011, due to the slippages identified
during the year, the authorities were forced to resort to the one-off measure of the partial
transfer of pension funds from banks to the public sector to meet the deficit of 5.9% of
GDP. While the authorities share the staff’s view that this does not address long-term
sustainability of public finances, the operation generated extra liquidity that could have a
beneficial impact on the economy given the current financial constraints. In addition, part
of the funds will be used to settle arrears once robust safeguards are in place to prevent
the arrears’ recurrence. In turn, such a settlement is expected to contribute to discounts
and savings in future contracts with suppliers. Given that the transfer of funds amounts to
about €6 billion and that the gap over the 5.9% of GDP limit was about 1.6% of GDP, the
authorities estimate that the 2011 outturn will be a deficit of around 4%, 1.9 p.p. below
the limit.
It should also be highlighted that the structural deficit will decline by about 3.4 p.p. to
6.9% of GDP in 2011 and a further 4.2 p.p. to 2.7% of GDP in 2012. Thus, even though
one-off measures have been used to reach the 2011 limit, the underlying structural
deficit has shown a significant contraction that will continue in 2012.
Indeed, important steps toward fiscal sustainability have been taken in the budget for
2012, which constitutes an ambitious, credible, and balanced budget, comprising realistic
measures that will allow reaching the deficit target set in the program of 4.5% of GDP.
The measures for 2012 aim at covering the carry-over effect of the 2011 slippages, the
impact of higher market interest costs, and the downward revision in growth projections.
The measures with a stronger impact on the budget balance for 2012 are the suspension
of the 13th and 14th monthly wages and pensions — while protecting the lower-income
earners — and the broadening of the VAT tax base.
In the second review, the Portuguese authorities recognized the need to improve the
budget execution control. Several measures are being taken in this regard. To start with, a
commitment control system is being implemented that will include severe limitations
aiming to prevent entities from entering into commitments without available funds or
without sufficient budget provisioning. The government is also working on reforms to
regional and local finance laws that are crucial to stopping the accumulation of arrears.
The authorities have also assumed the commitment to present, by year end, a strategy for
the settlement of the stock of arrears. Once the proper control mechanisms are in place,
the authorities will proceed to clear the stock of arrears. Priority will be given to the
health sector, which should allow an increase in the negotiating power of hospitals with
suppliers, and thus contributing to savings.
The authorities are also taking measures to tackle the serious financial situation of
Madeira, against the premise that the responsibility for repaying the debt lies in the

3
region alone. In that regard, the authorities are currently negotiating a program with
Madeira that will include financial assistance under the condition that the regional
government implements a wide range of fiscal consolidation and structural reform
measures. As a first stage, the regional government should present a Letter of Intent
summarizing the main measures to be adopted to achieve the targets set (which have to
be aligned with those defined under the country’s program). No disbursements will be
made to the region without a firm commitment of the regional authorities to fiscal
sustainability.
The 2012 budget incorporates significant cost savings and tackles the financial burden of
SOEs. In addition, according to the strategic plan recently presented, the authorities will
proceed with the restructuring of the SOE sector to enhance efficiency, restore its
financial sustainability, and re-focus its activities on core public policy objectives. On
PPPs, the authorities aim to reduce spending pressures by increasing revenues and
seeking renegotiations of contracts, already identified in the SOE strategy, taking into
account the costs and benefits of renegotiating. A top-tier auditing firm for the PPP
renegotiation study will be recruited through a public tender process to be launched
before the end of 2011.
Finally, and with a view to the longer term, the staff report does not incorporate
measures aimed at correcting the fiscal position from 2013 onwards and, still, the public
debt remains on a sustainable trajectory. In this regard, it should be noted that Portugal
has recently committed to ambitious medium-term targets for fiscal policy going
forward. The adoption of the reinforced Stability and Growth Pact (the “Six Pack”) and
the results of the recent EU summit will strengthen economic and fiscal surveillance in
the EU with implications for future fiscal developments in Portugal. For instance, as a
result of the EU Summit, Portugal has committed to keeping the annual structural
deficit below 0.5% of nominal GDP, which should lead to lower deficits in the medium
term than currently foreseen in the staff report.
3. Financial Sector Policies
The risks to financial stability over the course of the last six months, both worldwide and
in Portugal, have increasingly materialized. Worsening economic and financial
conditions led to a deterioration of the Portuguese banking system’s profitability, and a
greater realization of credit and market risk. This trend towards a heightening of risks
will persist over the short term. However, under the Economic and Financial Assistance
Program, there is a diversity of instruments which mitigate the impact of these
disturbances in the Portuguese financial system, notably in terms of potential additional
capital requirements. The deleveraging of the Portuguese financial system is being
closely monitored by the authorities to ensure an orderly and gradual process which does
not compromise the financing of the Portuguese economy. The key principle is not to
compromise, but instead to redirect, the funding to the economy’s most competitive

4
sectors and firms. Banks’ deleveraging strategies should, therefore, focus on the sale of
non-strategic assets, on the increased use of stable financing, and on the reinforcement of
capital.
During the course of 2011, Portuguese banks continued to adjust their balance sheets as
part of a process initiated in the previous year, having succeeded in stabilizing their
financing from the Eurosystem, although this remains at high absolute and relative
levels. It is important to highlight that the evolution of credit aggregates is in line with
expectations in the current recessionary economic environment, i.e. the available
evidence thus far points to the absence of excessive or abrupt restrictions in credit
supply. The Portuguese banking system’s current adjustment process has also benefited
from the positive evolution of resident customers’ deposits, particularly households.
Portuguese banks have made significant efforts to secure customer resources, namely
by increasing the relative remuneration and also endeavoring to bring customer
resources previously kept outside the banking consolidation perimeter into their balance
sheets.
The recent evolution of the financial situation of households and non-financial
corporations clearly indicates that the inevitable indebtedness reduction is in progress,
aiming to converge to a more-sustainable level. The restructuring of SOEs will also
facilitate the banking system’s orderly deleveraging process and will positively affect
the competitiveness of the overall economy.
The evolution of Portuguese banks’ solvency ratios remains favorable, converging to the
new regulatory minimums defined by Banco de Portugal under the Economic and
Financial Assistance Program, despite the adverse macroeconomic and financial
environment, and the ongoing adjustment process of the Portuguese economy. Indeed,
these factors necessarily put Portuguese banks’ own funds adequacy ratios under
pressure, particularly in terms of a reduction of profitability, reflecting impairments on
the materialization of credit risk, and losses in the financial assets portfolio. In light of
unfavorable market conditions for capital increases and following a recommendation
made by Banco de Portugal at the beginning of the year, the main Portuguese banks have
adopted a moderate dividends pay-out policy, enabling banks to increase their equity by
incorporating retained earnings. Several banks have also increased their own funds
through conversion of subordinated debt for equity debt buy-backs. Therefore, in June,
the Portuguese banking system recorded a Core Tier 1 ratio, on a consolidated basis, of
8.6 %, representing a significant increase.
Notwithstanding the reinforcement of Portuguese banks’ solvency ratios over the course
of the last few years, and particularly since the end of 2008, they are currently facing

5
additional challenges in this regard:

On December 8, the EBA issued a recommendation to the banking groups subject
to the EBA’s stress-test exercise which requires the strengthening of their capital
positions in order to reach a Core Tier 1 capital ratio of 9% by June 30, 2012 following a
prudent assessment of their sovereign debt exposures at market prices as of September
30, 2011. This decision aims to build up a temporary capital buffer and, consequently, to
strengthen the soundness of institutions amid the current uncertainty associated with the
sovereign debt crisis. For participating Portuguese banks, the four largest banking groups,
the exercise points out the need to raise the Core Tier 1 capital by €6.95 billion.

In the context of the Economic and Financial Assistance Program, a Special
on-site Inspections Program (SIP) to validate the data on assets that the main banking
groups provide as inputs to the solvency assessment has been launched in July comprised
of three workstreams: (i) the valuation of the credit portfolio, as of June 30, 2011, in
order to confirm if impairment was properly recognized, as well as to confirm the
adequacy of the collective impairment models and the credit risk management policies
and procedures, by two independent accounting firms; (ii) the revision of the credit risk
capital requirement calculations by Banco de Portugal specialized teams; and (iii) the
assessment of the stress-test parameters and methodologies used by the banks in the
stress-test exercises. The SIP addressed the eight largest Portuguese Banking Groups on a
consolidated basis, and the results will be submitted to the Steering Committee set up in
July to monitor the development of the SIP. The conclusions of the first two workstreams
will be completed during December.

The partial transfer of the banks’ pension plans to the social security system will
give rise to additional own funds requirements that will materialize only in June 2012. On
the other hand, this transfer will imply a meaningful reduction of banks’ future liabilities.
These additional capital requirements should be met until the end of June 2012,
preferably by having recourse to private sources. Should this not be possible, a bank
solvency support facility of €12 billion is available under the program. Until the end of
February 2012, institutions will submit to Banco de Portugal plans setting out the
proposed mix of actions to meet the required capital targets by the end of June 2012.
These plans will be discussed with Banco de Portugal, EBA, and the relevant competent
authorities in the colleges of supervisors.
It should also be mentioned that the negotiations with Banco BIC on the sale of
Banco Português de Negócios (BPN) have been completed and a promissory
contract has been signed.

6
4. Structural Reforms
The government is fully committed to the Structural Transformation Agenda in order to
improve competitiveness and the potential GDP growth rate. As the payoff of these
reforms will only fully show up in the medium term, the government will assess the
possibility of improving its structural agenda, both in terms of scope and effectiveness
of measures, by promoting an extensive debate on this issue and focusing the third
review on the Structural Agenda.
The priority for the next year is to increase the rhythm of the transformation of the
economy, taking measures in order to reduce barriers to market entry, to reinforce the
competition in the product and services market, to minimize rent-seeking behavior, and
to improve the overall business environment. Priority will also be given to reform the
judicial system and to enhance labor market flexibility.
Just to mention a few steps that the authorities are taking, with regard to the business
environment, the authorities are preparing changes to the Insolvency Decree-Law and a
proposal of a new competition law, which has already been through the process of public
consultation. On the judicial reform, court fees have been standardized and an
inter-agency task force has been established to set quarterly targets for closing
enforcement cases and to prepare quarterly reports on the implementation status. As for
the labor market, following the reduction in severance payment to 20 days per year of
service with a cap of 12 months, negotiations with social partners are underway regarding
changes in the definition of fair individual dismissal, unemployment benefits, and
implementation of individual funds for severance payments, among others. The reform of
the rental market is also proceeding, which should, over time, help create a
well-functioning housing market that will enhance labor mobility. The authorities are also
taking steps to liberalize the electricity and gas markets, which should reduce energy
costs for corporations. Regarding the reform of the public administration, the organic
laws of all ministries have been approved, and a law to regulate the creation of
foundations, associations, and other similar bodies by central, and local and regional
levels has been approved.
Finally, on the privatization program, bids were received for EDP and REN which are
expected to yield â&#x201A;Ź600 million in proceeds before the end of 2011, with the remaining by
the early days of January. The total revenues are estimated at more than â&#x201A;Ź3 billion. The
preparation of the privatization of TAP and ANA is underway, and the privatization
process might still be launched in 2011 and should be completed in 2012. The remaining
privatizations and transport concessions are also being prepared but are in different stages
of maturity.